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The Supreme Court on Monday turned away a legal battle testing whether a public school violates parents' rights when it encourages their child's social gender transition without their knowledge or consent.
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The Supreme Court rejected the appeal from Massachusetts parents who sued their child's school district and left intact a lower court's ruling that had rejected their claim that their rights were violated.
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A similar case brought by parents in Florida is awaiting action by the Supreme Court.
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In October, the Supreme Court declined to take up a lawsuit brought by two Colorado families.
Samuel Alito, Associate Justice
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Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, said at the time that the issue involving parents' rights is of "great and growing national importance."
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In March, the Supreme Court blocked a California law that prevented school districts from requiring teachers to notify parents if their child sought to use different pronouns while litigation moved forward.
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Courts in multiple jurisdictions are hearing legal cases concerning conflicts between parents' rights to direct their child's care and policies protecting student privacy regarding gender identity.
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Stephen Foote and Marissa Silvestri, parents of a middle-school-aged child identified as B.F., brought the case after their child attended a public school in Ludlow, Massachusetts.
Stephen Foote and Marissa Silvestri
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"The school was pushing beliefs concerning gender ideology behind the parents' backs and encouraging their children to question their own identity," Stephen Foote and Marissa Silvestri wrote in court papers.
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B.F. began to raise questions about her gender identity and started seeing a therapist.
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The parents informed the school that they would be getting B.F. professional help.
Marissa Silvestri
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Silvestri instructed school officials not to have private discussions with her child so they could address mental health concerns "as a family and with the proper professionals," according to court filings.
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The Ludlow School Committee rejected the parents' request and began socially transitioning B.F. without the parents' knowledge.
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At school, teachers began referring to the student by a different name and pronouns, and the school counselor said B.F. could choose which bathroom to use at school.
B.F., student
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In an email to school officials, the student wrote, "I am genderqueer," and requested teachers use a new name and "any pronouns (other than it/its)."
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The parents said the school and staff encouraged the changes to B.F.'s name and pronouns.
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Foote and Silvestri alleged that the Ludlow school system has an unwritten policy allowing children to decide whether to socially transition at school without their parents' knowledge or consent.
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The protocol directs staff to use a child's legal name and pronouns based on sex assigned at birth when communicating with parents and to use the student's preferred name and pronouns at school.
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In 2022, Foote and Silvestri filed a civil rights lawsuit against the Ludlow School Committee and officials, alleging the school's actions violated their rights to direct their children's upbringing, education, and medical and mental health decisions.
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A federal district court dismissed the lawsuit, and the U.S. Court of Appeals for the First Circuit upheld that dismissal.
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The First Circuit found that parents cannot invoke the Constitution's Due Process Clause to create a preferred educational experience for their child in public school.
First Circuit panel
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"The Supreme Court has never suggested that parents have the right to control a school's curricular or administrative decisions," the First Circuit panel wrote in its February decision.
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In their Supreme Court appeal, Foote and Silvestri's lawyers cited rulings dating back to the 1920s reaffirming that parents have the right to make decisions about their children's upbringing.
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Last year, the Supreme Court ruled that Maryland parents have the right to opt their elementary-aged children out of instruction involving storybooks with LGBTQ themes.
Lawyers for Foote and Silvestri, attorneys
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"Petitioners do not have a religious objection to their school district's indoctrination and transition of their children without their knowledge. Theirs is a moral belief, backed by well-supported scientific opinion, that a so-called gender transition harms their children," their lawyers wrote in a filing.
Lawyers for Foote and Silvestri, attorneys
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"Our Constitution's guarantee of parental rights in a pluralistic society rings hollow for millions of Americans if it offers no protection to nonreligious parents whose children are encouraged to social transition by their public school without their parents' notice or consent — or over their parents' vociferous objections," the parents' lawyers said.
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The school board and local officials said in a Supreme Court filing that the policy at the heart of the case does not exist.
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They said school officials attempted to implement state policies and guidance in response to B.F.'s requests about her preferred name and pronouns.
Massachusetts Department of Elementary and Secondary Education, state education department
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"Some transgender and gender nonconforming students are not openly so at home for reasons such as safety concerns or lack of acceptance," states guidance from the Massachusetts Department of Elementary and Secondary Education.
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The guidance also encourages school employees to speak with the student before discussing gender identity with parents and to discuss with the child how the school should refer to them in communication with their family.
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