A federal appeals court has upheld the dismissal of a lawsuit filed by a Texas student who claimed he was harassed for being a white, Trump-supporting Christian. The controversial ruling from the 5th U.S. Circuit Court of Appeals has sparked debate over whether the bullying he experienced amounted to racial discrimination.
The student, identified only as B.W., accused the Austin Independent School District of failing to address ongoing verbal and physical abuse from his peers during his middle and high school years. His allegations included being branded as racist and homophobic due to his political beliefs, with claims that a teacher had called him “Whitey” and that a student had mocked him with a meme depicting him as a Klansman.
B.W. filed his lawsuit under Title VI of the Civil Rights Act of 1964, arguing that the school violated his right to a discrimination-free education. However, a lower court dismissed the case, ruling that most of the harassment stemmed from his ideological beliefs, not racial animus, and thus didn’t meet the criteria for racial discrimination under the law.
In a closely divided decision, the 5th Circuit Court voted 9-9, with the court’s judgment affirming the dismissal. The case became a battleground for ideological differences, with conservative judges dissenting. U.S. Circuit Judge James Ho, nominated by President Trump, criticized the dismissal, arguing that the student’s treatment was clearly tied to his race as well as his beliefs.
Ho expressed concern that discrimination against white students is increasingly tolerated under the guise of promoting diversity. He emphasized that such actions, regardless of political correctness, are in violation of federal civil rights laws that prohibit racial discrimination in schools.
While the majority of the court saw the bullying as ideologically motivated, the dissenters pointed to racial harassment as a key factor in the student’s suffering, urging that the case should proceed. B.W.’s attorney indicated that they plan to appeal to the U.S. Supreme Court, stressing the need for protection against bullying in schools, regardless of the student’s race, religion, or political stance.
