Supreme Court rules for parents demanding California disclose kids’ gender identities

The Supreme Court on Monday ruled California is likely violating the constitutional rights of parents who object to policies preventing teachers from disclosing when their child changes their name or pronouns in school. 

The decision marks a major victory for parental rights advocates at this early stage of the case — and a blow to the state’s efforts to shield the privacy of LGBTQ students. 

The justices have yet to definitely resolve the fiercely disputed issue, and the case could ultimately return to the high court. 

At least five of the six conservative justices ruled for the parents, though Justice Neil Gorsuch did not publicly disclose his vote. The court’s three liberal justices dissented. 

“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. California’s policies violate those beliefs,” the court wrote in its unsigned opinion. 

It restores a judge’s order preventing California schools from “misleading” objecting parents about their children’s gender presentation and their social transitioning efforts at school. Teachers must also follow parents’ directions regarding names and pronouns. 

“The State argues that its policies advance a compelling interest in student safety and privacy,” the unsigned opinion read. “But those policies cut out the primary protectors of children’s best interests: their parents.” 

Two of the court’s leading conservatives, Justice Clarence Thomas and Samuel Alito, would’ve went further. They additionally sided with teachers suing, who argue their constitutional rights are being violated alongside the parents. 

The three liberal justices all publicly dissented. 

Justice Sonia Sotomayor did not explain her vote. But Justice Elena Kagan, joined by Justice Ketanji Brown Jackson, wrote that the decision amounts to a “malfunction” of the court’s emergency docket.  

She said the case raises “novel legal questions” and arouses “strong views” but has hardly been briefed for the high court. The case “cries out for reflection and explanation,” she added.  

“The Court is impatient: It already knows what it thinks, and insists on getting everything over quickly,” Kagan wrote, citing two cases involving the Trump administration where the justices took a similar tact. 

The liberal justices accused the court of leap-frogging the appellate process. But three other justices said the court’s decision was not a sign of impatience but rather a reflection of its judgment about the risk of irreparable harm to the parents.  

Justice Amy Coney Barrett wrote in a concurring opinion joined by Chief Justice John Roberts and Justice Brett Kavanaugh that the case is far from over yet, despite their intervention. 

“The word ‘likely’ is important, because it reflects that our assessment is preliminary,” Barrett wrote. 

California Attorney General Rob Bonta (D) urged the justices to turn away the emergency request, saying the judge had demanded “instant, dramatic changes” that didn’t allow for any exceptions. 

“For many students, the consequences of compelling the disclosure of confidential information about their gender identity would be irreversible,” Bonta’s office wrote in court filings. “The court of appeals acted responsibly, and equitably, in avoiding that harm before it has the opportunity to consider full briefing and argument.” 

Updated 7:02 p.m. EST

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