The U.S. Supreme Court ruled 6–3 this week that parents challenging a California policy allowing public schools to withhold information about a student’s gender transition are likely to succeed in their constitutional claims.
In its majority opinion, the Supreme Court said the state’s policies violate the First and 14th amendments. The ruling vacates a decision by the U.S. Court of Appeals for the 9th Circuit that had paused a lower court injunction blocking the policy as it applied to parent plaintiffs.
“The State argues that its policies advance a compelling interest in student safety and privacy,” the majority wrote. “But those policies cut out the primary protectors of children’s best interests: their parents.”
The case, Mirabelli v. Bonta, challenges guidance that critics describe as “gender secrecy” policies, which allowed school officials to withhold information from parents about a student’s request to change names, pronouns, or other gender-related identifiers at school.
The litigation was brought with the support of the Thomas More Society, which in January filed an emergency application asking the high court to intervene after the 9th Circuit paused a district court’s permanent injunction.
