Keeping it from parents likely violates the First Amendment rights of parents, the court said.
By Catholics for Catholics
In a breakthrough decision, the U.S. Supreme Court ruled that California cannot hide student “transgender” identities from parents; the justices held that the cagey policies possibly transgress the First Amendment rights of parents who have children who believe they are of the opposite sex.
Thomas More Society, a religious liberty law firm that has represented parents and teachers through the legal battle, announced the 6-3 ruling on Monday.
According to Newsmax, the judges granted an emergency request by the challengers to restore a judge’s ruling that the privacy and anti-discrimination measures at issue undermined their religious and parental rights under the U.S. Constitution’s First and 14th Amendments, while litigation continues. A federal appeals court had put that ruling on hold.
On Monday, the Supreme Court’s decision was fueled by its conservative justices, with its three progressive members dissenting.
In an unsigned opinion, the court’s majority said that California’s policies probably violated the religious beliefs of the parents about sex and gender, running afoul of First Amendment protections.
“The state argues that its policies advance a compelling interest in student safety and privacy. But those policies cut out the primary protectors of children’s best interests: their parents,” the court’s majority stated.
The majority said the 14th Amendment’s guarantee of due process “includes the right not to be shut out of participation in decisions regarding their children’s mental health.”
Paul Jonna, the attorney for the Thomas More Society termed the ruling a “watershed moment for parental rights in America.”
“The Supreme Court has told California and every state in the nation in no uncertain terms: You cannot secretly transition a child behind a parent’s back,” Jonna said.
“The court’s landmark reaffirmation of substantive due process, its vindication of religious liberty, and its approval of class-wide relief together set a historic precedent that will dismantle secret gender transition policies across the country.”
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