On Monday, the U.S. Supreme Court blocked a series of California laws that could help limit the sharing of transgender public school students' gender identities without their permission.
In a 6-3 decision, an emergency request by the laws' challengers was granted to reinstate a judge’s ruling that the privacy and anti-discrimination measure undermined the religious and parental rights of parents under the First and Fourteenth Amendments, while litigation continues.
A statement by the court majority explains: “The state argues that its policies advance a compelling interest in student safety and privacy. But those policies cut out the primary protectors of children’s best interest: their parents.”
The state says California law contains several provisions that include the right to privacy under the state constitution that could apply to transgender students who are fearful of hostility, rejection, or even violence.
The provisions do not actually forbid sharing information with parents, and sometimes even allow or require disclosure if not doing so would endanger the student’s health.
The lawsuit was first introduced by Christian teachers from the Escondido Union School District in San Diego County, arguing that following the measure violated their First Amendment rights and freedom to exercise religion.
