In an important 6-3 decision (Mirabelli v. Bonta, here), the US Supreme Court overruled the Ninth Circuit Court of Appeals to uphold a lower court injunction enjoining the State of California from enforcing a law that allows schools to keep a child’s trans identity at school secret from their parents, if the child so wishes. The Court held that the lawsuit brought by parents was “likely to succeed on its merits.” The injunction prevents schools from deceiving parents, from using a name or pronouns to which the parents object, and requires that teacher training materials inform teachers that parents have a constitutional right to be informed if a child expresses gender incongruence. The Court cited long-established precedent to maintain that parents, not the state, have primary authority over the upbringing of their children, including the right to participate in decisions about a child’s mental health, of which gender dysphoria is an aspect. Advocates of the California law defend it as necessary to insure children’s safety from potentially transphobic parents. Critics say that parents need to be part of the discussion, as a child cannot make a successful transition without parental support and parents are more familiar than school officials with a child’s other psychological issues that may affect whether they are really ready for social transition.
Supreme Court: Schools Cannot Keep Trans Identities Secret from Parents
