The Washington Blade, a respected LGBTQIA newspaper, reported this week on a new blow to trans young people enacted by the US Supreme Court.
The US Supreme Court has intervened to halt a California policy that allowed schools to withhold information about a student's gender identity from their parents. In an unsigned order issued on Monday, the court's conservative majority sided with parents who argued the policy violated their religious freedom.
The contested policy had permitted students in the state to explore their gender identity at school without that information being automatically shared with their families. The court's decision now requires educators to inform parents about such developments, pending further proceedings in lower courts.
The case was brought by two sets of parents, identified in legal documents as John and Jane Poe and John and Jane Doe. Both families, who hold religious objections to gender transitioning, stated their daughters began identifying as boys at school without their knowledge. The Poes discovered their daughter's gender dysphoria only after she was hospitalised following a suicide attempt in eighth grade. They allege that upon her return to school, staff continued using a male name and pronouns against their wishes, citing state law.
Similarly, the Does confronted school administrators in their daughter's seventh grade year after learning staff were using a male name and pronouns. They were told state law prohibited disclosure without the child's consent. Both families filed lawsuits challenging the policy in a federal district court.
The court's six conservative justices formed the majority, with the three liberal justices dissenting. The order stated the parents "are likely to succeed on the merits of their Free Exercise Clause claim," noting their sincere religious beliefs about gender and their obligation to raise children accordingly. The court found California's policies violated those beliefs.
In a dissenting opinion, Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, argued the Supreme Court's intervention was premature. She wrote that the case was still progressing through normal legal channels and that the court was overturning state policy in a "slapdash" manner.
The ruling grants an emergency appeal from a group of California teachers and parents, temporarily suspending the policy. This follows a decision by the Ninth Circuit Court of Appeals, which had allowed the policy to remain in effect after a district court judge sided with the challengers.
The legal challenge received backing from the Thomas More Society, a conservative law firm. California Attorney General Rob Bonta expressed disappointment with the ruling, stating his office remained "committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play."
This decision occurs amidst a national debate on transgender rights. The Supreme Court recently upheld Tennessee's ban on gender-affirming care for minors and has allowed restrictions on transgender military service to continue.
