Washington DC - The US Supreme Court has declined to hear a case on whether Massachusetts middle school student should be able to wear a shirt declaring "There Are Only Two Genders."

On Tuesday, the high court ruled that an appeals court decision allowing the school to prohibit the student from wearing the shirt could continue to stand.

The case involves student Liam Morrison, who wore the shirt to his Nichols Middle School in 2023 after his attorneys say children were "bombarded" with teaching that "sex and gender are self-defined, limitless, and unmoored from biology."

Morrison was not punished for the offense but was sent home after refusing to remove the shirt.

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The following day, Morrison showed up with a shirt that read "There Are CENSORED Genders," but agreed to change after being asked.

Morrison's parents sued the school, pointing to a 1969 Supreme Court decision Tinker v. Des Moines Independent Community School District, which found that public school students had First Amendment rights and argued their child's had been violated.

The school argued its staff was upholding its dress code, which prohibits any "hate speech or imagery." A federal district court judge and the Boston's First US Circuit Court of Appeals ruled in favor of the school.

Of the nine justices, six of whom are conservatives, only two dissented from the ruling – Justices Samuel Alito and Clarence Thomas.

In his opinion, Alito wrote, "This case presents an issue of great importance for our nation's youth: whether public schools may suppress student speech either because it expresses a viewpoint that the school disfavors or because of vague concerns about the likely effect of the speech on the school atmosphere or on students who find the speech offensive."

Justice Thomas similarly argued the shirt "plainly did not create a 'materia[l] disrupt[ion],'" and argued the Boston appeals court had "distorted" the Supreme Court's Tinker ruling.