Tampons in Men’s Restrooms? George Mason Censors Students for Raising Concerns

George Mason University issued no-contact orders against two students who said they would be uncomfortable with men in women’s restrooms.

Alliance Defending Freedom

Written by Alliance Defending Freedom

Published November 14, 2024

Tampons in Men’s Restrooms? George Mason Censors Students for Raising Concerns

Over the last few years, colleges have begun to misuse no-contact orders to violate students’ rights. In Illinois, for example, school officials used no-contact orders to bar art therapy student Maggie DeJong from having contact with three of her classmates after she spoke about her religious and political beliefs. And in Idaho, three students and a professor were punished after two of them responded honestly and respectfully to a question about their Christian faith.

Thankfully, Alliance Defending Freedom has successfully defended these students and others whose rights have been trampled on. Now, we represent two more students facing similar threats in Virginia.

Students shared their opinions in a group chat

Selene Cerankosky and Maria Arcara are both third-year law students at George Mason University’s Antonin Scalia Law School. Selene and Maria are also Christians who strive to live out their faith at school, at work, and in their communities.

The law school class of 2025 has a group chat in which students regularly communicate. In September 2024, one student announced in the chat that he was “officially the Law School/Student Representative for GAPSA (Graduate and Professional Studies Assembly).” He explained that he would be the one to raise concerns from law school students to the administration.  

One such concern was a proposal to put tampons in the men’s restrooms on campus. After explaining the proposal, he asked “if there are concerns [students] would like addressed.”

Selene voiced her concern that putting female hygiene products in the men’s restrooms implied that men’s restrooms would “welcome female occupants.” This change, Selene explained, would also require women’s restrooms to welcome “male occupants,” which Selene said would make her “considerably uncomfortable.”

Maria echoed these concerns and said that students should have the right to advocate for keeping men out of women’s restrooms, and vice versa. Selene and Maria’s concerns were consistent with their Christian beliefs that God creates everyone either male or female and that sex cannot be changed.

But the student who had promised to represent the law school and “advocate for all” students with varying viewpoints responded by mocking Selene and Maria’s concerns and labeling their views as bigoted.

George Mason University censors its students

Two weeks after the conversation in the group chat, a George Mason administrator issued no-contact orders against Selene and Maria. The orders barred them from communicating in any way with the student who had explained the proposal in the group chat. The administrator informed them that he had issued the orders because of the “effect of [their] speech on a member of the Mason community.” In other words, the orders were issued because of the views Selene and Maria expressed.

The orders apply both on and off campus, and they have no termination date. Neither student was given notice or a chance to defend herself or her statements before the no-contact orders were issued. The orders cannot be appealed.

In addition, the administrator warned that violating the no-contact orders “can lead to disciplinary action,” including “expulsion,” forcing both women to self-censor on campus, in group chats, and in other settings for fear of violating the orders.

By punishing Selene and Maria for speaking in accordance with their Christian beliefs, the university burdened their religious exercise and free speech rights in violation of the First Amendment. In addition, by failing to give notice or an opportunity for a hearing, the university deprived Selene and Maria of their due process rights under the Fourteenth Amendment.

It is especially concerning that the Antonin Scalia Law School, named for a famously pro-free-speech justice and tasked with training the next generation of lawyers, would allow censorship of protected speech.

Alliance Defending Freedom attorneys filed a lawsuit in November 2024 challenging the university’s unconstitutional censorship. Free speech and religious freedom are the fundamental rights of every American, and universities should be teaching their value—not taking them away.

Cerankosky v. Washington

  • October 2024: A George Mason University administrator issued no-contact orders against Selene and Maria for speaking consistent with their Christian beliefs.
  • November 2024: ADF attorneys filed a lawsuit challenging the unconstitutional orders.

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