The Supreme Court is clearing the way for California schools to tell parents if their children identify as transgender without getting the student’s approval, granting an emergency appeal from a conservative legal group
WASHINGTON — The Supreme Court cleared the way Monday for California schools to tell parents if their children identify as transgender without getting the student’s approval, granting an emergency appeal from a conservative legal group.
The order blocks for now a state law that bans automatic parental notification requirements if students change their pronouns or gender expression at school.
It comes after religious parents and educators challenged California school policies aimed at preventing schools from outing students to their families. Two sets of Catholic parents represented by the Thomas More Society say it caused schools to mislead them and secretly facilitate the children’s social transition despite their objections.
California argued that students have the right to privacy about their gender expression, especially if they fear rejection from their families, and school policies are aimed at striking a balance with parents’ rights.
The high court, though, sided with the parents and reinstated a lower-court order blocking the law and school policies while the case continues to play out.
The Supreme Court has ruled for religious plaintiffs in other recent cases, including allowing parents to pull their children from public-school lessons if they object to storybooks with LGBTQ+ characters.
The California order comes months after the court upheld state bans on gender-identity-related healthcare for minors. The justices also seem to be leaning toward allowing states to ban transgender athletes from playing on girls sports teams.
School policies for transgender students, meanwhile, have also been on the court’s radar in other cases.
The court rebuffed another similar case out of Wisconsin in December, but three conservative justices indicated they would have heard the case. Justice Samuel Alito called the school policies “an issue of great and growing national importance.”
The Trump administration, meanwhile, found in January that California’s policies violated parents’ right to access their children’s education records. The Justice Department also sued after determining the states’ transgender athlete policies violate federal civil rights law.
