Supreme Court Deals California a Setback in Ruling on Gender Identity Notification Law

AP Photo/Rick Bowmer

In a victory - for now - for parents who have kids in the California public school system, the Supreme Court issued a ruling Monday evening that effectively blocks a state law (AB 1955) that requires educators to withhold information from parents related to a student choosing to change their pronouns:

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The Supreme Court cleared the way Monday for California schools to tell parents if their children identify as transgender without getting the student's approval, granting an emergency appeal from a conservative legal group.

The order blocks for now a state law that bans automatic parental notification requirements if students change their pronouns or gender expression at school.

It comes after religious parents and educators challenged California school policies aimed at preventing schools from outing students to their families. Two sets of Catholic parents represented by the Thomas More Society say it caused schools to mislead them and secretly facilitate the children's social transition despite their objections.

It was an unsigned 6-3 ruling, with leftist Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissenting (of course).  The majority wrote in part that:

"We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim," the court said in an unsigned opinion.

"The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs," the court added.


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California's Democrat Supermajority Rams Through AB 1955 Amid Chaos and Fistfights


California civil liberties attorney Laura Powell made the following observations about the ruling:

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Huge win for parents delivered by the US Supreme Court.

In a 6-3 opinion, the Court ruled that California’s policies that prohibit schools from disclosing a child’s gender transition to parents without the child’s consent are likely unconstitutional.

This is the case that will send this insane secrecy policies to the dustbin of history.

To be clear, this is not a final decision on the merits of the case, but it is a very strong indication of how SCOTUS will rule once one of these parental rights cases makes it to the Court.

As background, the district court issued a permanent injunction against the state and certified a class action. The 9th Circuit issued a stay, saying that the state was likely to prevail. Here, SCOTUS tells the 9th Circuit that it was wrong and that the district court had it right.

Let's hope and pray so.

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