Court rules for parents' right to know about their child's 'transition'

Parents have a right to know if their child is using a new gender identity at school, the U.S. Supreme Court ruled Monday. “California’s policies … substantially interfere with the right of parents to guide the religious development of their children,” says the court’s 6-3 opinion in Mirabelli v. Bonta, reports Mark Walsh in Education Week.

The ruling reinstated a federal district court decision in the parents' favor. California's Education Department has told schools not to inform parents about a child’s gender identity at school, unless the child consents.

Parents sued, saying the policy violated their religious rights. Other parents sought protection for their rights under the 14th Amendment, writes Walsh. Both classes of parents had a valid point, the opinion said.

“Gender dysphoria is a condition that has an important bearing on a child’s mental health, but when a child exhibits symptoms of gender dysphoria at school, California’s policies conceal that information from parents and facilitate a degree of gender transitioning during school hours . . . These policies likely violate parents’ rights to direct the upbringing and education of their children.”

Justice Elena Kagan, in a dissent joined by Justice Ketanji Brown Jackson, argued that “the case raises tricky questions, and so cries out for reflection and explanation.” Justice Sonia Sotomayor was the third minority vote, but did not sign the Kagan dissent.

The decision reaffirms what most Americans believe, writes Robert Pondiscio. "Parents must not be excluded from life-altering decisions about their children’s mental health and well-being." As the court wrote long ago in the Pierce decision, the child is not “a mere creature of the State.”

Contempt for parents is not a good look for public schools, which already are struggling to compete with other learning options, he adds.

Press coverage expressed very different takes on the ruling, writes Terry Mattingly in Religion Unplugged.

From the Baptist Press: “Supreme Court pauses California law that endangers parental rights.”

From The Advocate, the top LGBT news source:  “Conservative Supreme Court justices curb California’s effort to shield transgender students from forced outing.”

From CNN: “Supreme Court blocks California policies intended to protect transgender students.”