Advocates regroup after Supreme Court ruling on trans students

from Carolyn JonesCalMatters

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Advocates for transgender youth vowed to keep fighting Wednesday after the U.S. Supreme Court blocked — at least temporarily — a California policy protecting the privacy of transgender students in K-12 schools.

The court ruled in favor of a group of parents near San Diego who argued that the state’s policy violated their right to religious freedom and due process. The policy prohibits school districts from requiring teachers to “hand over” transgender students to their parents unless the students have given permission.

“The court’s decision is shocking and disturbing,” said Shannon Minter, legal director of the National Center for LGBTQ Rights, which is based in Sacramento. “This is part of a larger effort by this court and the administration to remove all protections for transgender people.”

The lawsuit was originally filed in 2023 by the Thomas More Society, a public interest law firm that focuses on religious issues. It stems from state policy related to students’ right to privacy.

A federal district court judge initially ruled in favor of the parents with children in the Escondido Union School District in northern San Diego County, then the Ninth Circuit Court of Appeals stayed the decision while the state prepared an appeal. The parents asked the Supreme Court to lift the pause, which it did on Tuesday. The appeal is still pending before the Ninth Circuit.

“Tipping Point”

Advocates for the Thomas More Society called it the biggest victory for parental rights in a generation.

“This is a watershed moment for parental rights in America,” said Paul Jonah, special counsel at the Thomas More Society. “The Supreme Court told California and every state in the nation in no uncertain terms: You cannot secretly transfer a child behind a parent’s back.”

The decision undermines California’s Safety Actwhich prohibits school districts from adopting “forced out” policies and was hailed as a major victory for transgender rights when Newsom signed it in 2024.

Sonja Shaw, president of the Chino Valley Unified School Board, described the Supreme Court’s decision as a “huge victory.” Chino Valley was among the few districts in 2023 to implement policies requiring teachers to disclose to parents if a student changes their gender identity.

“The Supreme Court reaffirmed what we’ve always known to be true: Policies that mislead parents are wrong and cannot be allowed to stand,” said Shaw, a candidate for state superintendent of public instruction. “This victory came from courageous teachers and parents who refused to be silent.”

California Attorney General Rob Bonta acknowledged the decision as a setback.

“We are disappointed by the Supreme Court’s decision,” said Jordan Blue, a spokesman for Bonta. “We remain committed to providing a safe, welcoming school environment for all students, while respecting the critical role parents play in students’ lives.”

California was on at the forefront of transgender rightsespecially for young people. The state has existing laws requiring teachers to use student-preferred pronouns; schools are required to offer gender-neutral bathrooms; and sports teams and clubs should be open to all students. These policies remain in effect.

Still, this week’s decision was important, said Jorge Reyes Salinas, a spokesman for Equality California, the state’s largest LGBTQ advocacy organization.

“Everybody is heartbroken,” Reyes Salinas said. “Though it’s not surprising. It’s just a continuation of the vile attacks we’ve seen against transgender youth. It’s even more important now that California is strengthening its laws protecting trans people.”

Minter of the National Center for LGBTQ Rights said the ruling may have a narrow focus, but it sends a chilling message to transgender youth who already face higher levels of anxiety and depression than their peers.

Minter said the transgender community will continue to fight for their rights.

“Most people in this country don’t support what’s happening to transgender people,” Minter said. “We will fight every inch of the way until all people are treated with the basic decency they deserve.”

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.