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Tipsheet

Supreme Court Ruling on California's Anti-Parental Rights Policy Regarding Trans-Identified Children

Supreme Court Ruling on California's Anti-Parental Rights Policy Regarding Trans-Identified Children
AP Photo/Ron Harris

The Supreme Court on Monday temporarily blocked a California policy requiring schools to conceal students’ gender identity from their parents unless they get the students’ permission.

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In a 6-3 ruling, the justices blocked enforcement of the policy while the matter is being litigated in court. This ruling granted parental rights advocates a critical victory against progressives trying to infuse gender ideology into K-12 classrooms.

The majority opinion centered on the First Amendment and parental rights. It noted that “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs,” and that “California’s policies violate those beliefs.”

The court referred to precedent on parents’ role in raising their children, noting that “The rights safeguarded by these precedents encompass the right to be included in decisions affecting their children’s mental health.”

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The case reached the Supreme Court after two groups of Catholic parents and several educators represented by the Thomas More Society filed a lawsuit against the state over the policy. A federal district judge ruled in the parents’ favor and issued a broad injunction barring enforcement of the policy.

However, the Ninth Circuit Court of Appeals stayed the injunction while the matter was argued in court. The parents filed an emergency appeal with the Supreme Court, which found they are likely to succeed in their lawsuit.

This court battle is playing out against the backdrop of a broader conflict over who gets final say when schools either socially “transition” a child to the opposite sex or withhold information from parents.

Supporters of these policies claim they help to protect children suffering from gender dysphoria from potential abuse from their parents. They also claim that informing parents about these issues violates the students’ right to privacy.

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Critics point out that this reasoning makes about as much sense as trying to breathe underwater. School staff is already required by law to report to the authorities when they suspect a child is being abused — regardless of the reason for the abuse.

They also note that parents should have the ultimate authority on how to raise their children — not the state. The notion that government-run schools know what’s better for children than their parents is a key component of the type of statist thinking that has grown popular on the left. If these people win on this issue, there is no telling how far they will go to empower the government to usurp the role of parents in raising children.

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