The U.S. Supreme Court has temporarily cleared the way for California parents to be told if their child identifies as transgender or changes gender expression at school, even when the student does not consent.
In a 6-3 order issued on March 2, the justices revived an injunction from a San Diego federal judge that had been put on hold by the U.S. Court of Appeals for the 9th Circuit.
The ruling halts enforcement of a new California law that barred school districts from adopting policies requiring staff to notify parents when a student changes names, pronouns, or gender presentation at school, according to the Los Angeles Times. The order applies while the underlying case continues in the lower courts and does not represent a final decision on the merits.
The case centers on state "student privacy" rules and guidance that directed schools to treat a child's gender identity as confidential information unless the student agreed to tell their parents.
Parents and teachers, represented by the Thomas More Society, argued that these policies violated parents' constitutional right to direct the upbringing of their children and infringed teachers' free speech and religious rights.
The Supreme Court majority said the challengers are likely to succeed on claims that the policies unlawfully prevent parents from learning about a child's gender transition at school, EdWeek reported.
U.S. District Judge Roger Benitez previously ruled that parents "have a federal constitutional right to be informed if their public school student child expresses gender incongruence," and that teachers and staff have a right to provide accurate information to parents.
His decision barred school districts from instructing employees to conceal a student's gender identity from parents, from "misleading" parents about a child's gender presentation, or from using different pronouns with parents than are used at school. The 9th Circuit had stayed that ruling, but the Supreme Court's latest action restores key parts of his injunction.
California officials have defended their approach, saying state law does not categorically forbid disclosure of gender identity information and emphasizing the importance of protecting vulnerable students.
In a February letter, the state education department said gender support plans remain subject to parent inspection under federal student privacy law, and the state has also sued the U.S. Education Department over related federal guidance.
Advocates for LGBTQ+ students warn that forced disclosure could put some children at risk in unsupportive homes, while parental rights groups are hailing the order as a major victory.
Legal experts note that the order marks a significant moment in the national fight over school gender policies and parental notification, but leaves many questions unresolved. The case will return to the lower courts for full briefing and argument, and other challenges in different states are moving forward, meaning the Court may be asked to take up the issue again in a future term, as per USA Today.
