California schools are allowed to out transgender children to parents, US Supreme Court rules

The US Supreme Court has issued a ruling affecting schools in California, allowing educators to inform parents if a student identifies as transgender.

The decision temporarily blocks enforcement of a California state law that had restricted schools from adopting policies requiring automatic parental notification when students change their pronouns or gender expression at school.

Catholic parents represented by the Thomas More Society argued that California’s school policies violated the Free Exercise Clause of the First Amendment to the United States Constitution, which protects religious freedom, and the Due Process Clause of the Fourteenth Amendment to the United States Constitution, which they say protects parental rights.

Catholic parents objected to schools not informing them if their child is socially transitioning

The parents objected to schools not informing them if their child is socially transitioning, as well as to requirements that staff use a student’s preferred name and pronouns regardless of parental wishes.

The ruling pauses enforcement of the SAFETY Act (AB 1955) as it applies to the plaintiffs in the case. The law barred school districts from adopting policies that required staff to disclose a student’s gender identity or pronoun changes to parents without the student’s consent.

California officials have said the policies were designed to protect students who may fear rejection or harm at home, while balancing parental rights.

The Supreme Court’s order is temporary and does not represent a final decision on the constitutionality of the law

The Supreme Court’s order is temporary and does not represent a final decision on the constitutionality of the law.

It has, in recent years, ruled in favour of religious or conservative challengers in some disputes involving LGBTQ+ issues, though those cases are separate from the California ruling.

California has consistently maintained strong protections for transgender youth, including laws prohibiting discrimination based on gender identity and safeguarding access to gender-affirming healthcare.

Ohio has similarly introduced an anti-trans bill protecting parents who reject their child’s gender identity vowing to protect the rights of parents who advocate for their children to use the gender they were assigned at birth.

Josh Williams, a Republican candidate for Congress in Ohio’s 9th District, introduced the bill earlier this year, criticising California for its protections of transgender youth in schools.