"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 interests: their parents. And, they add that the 14th Amendment's guarantee of due process includes the right not to be shut out of participation in decisions regarding their children's mental health."
"Justice Kagan wrote in her dissent, joined by Justices Jackson and Sotomayor, that the court did not need to intervene while this case made its way through the state courts. If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way."
The Supreme Court's six-justice conservative majority reinstated a lower court ruling that blocked California's law designed to protect transgender, nonbinary, and questioning students from being outed to unsupportive parents without their consent. The unsigned decision argued that while the state claims the policy advances student safety and privacy, it excludes parents as primary protectors of children's interests. The court determined that the 14th Amendment's due process guarantee includes parents' right to participate in decisions regarding their children's mental health. The case was brought by Catholic parents represented by the conservative Thomas More Society, who claimed schools misled them and secretly facilitated their children's social transitions. Justice Elena Kagan's dissent, joined by Justices Jackson and Sotomayor, argued the court unnecessarily intervened in state court proceedings.
Read at sfist.com
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