The U.S. Supreme Court may soon hear a pivotal case from Montgomery County, Maryland, concerning a gender identity policy in public schools. The case, John and Jane Parents 1 v. Montgomery County Board of Education, challenges a 2020-21 school board policy that permits withholding information from parents about their child's gender transition.
Originating four years ago, the lawsuit involves three parents of Montgomery County public school students. They argue against the policy: "Matters of gender identity can be complex and may involve familial conflict… In such cases, staff will support the development of a student-led plan that works toward inclusion of the family, if possible, and recognizing that providing support for a student is critical, even when the family is nonsupportive." The policy intends to protect students but has raised concerns about parental rights and transparency.
The case initially faced a setback in 2021 when a federal district court ruled against the plaintiffs, deeming the policy a curriculum matter. Upon appeal, the case was further complicated as the appellate court, in a 2-1 decision, determined the plaintiffs lacked standing, stating they failed to demonstrate a direct injury or substantial risk thereof, as their children were not identified as transgender.
This decision on standing was contested by Emily Rae, senior counsel at Liberty Justice Center. Rae, involved in an amicus brief supporting the plaintiffs, told The Center Square, "The existence of the policy that allows schools the option of keeping secrets from parents, or in some cases going as far as actively lying to parents….. is standing enough."
Further complicating the issue, Erica Anderson, a clinical psychologist with over 40 years of experience and identifying as a transgender female, contributed to the brief. Anderson, while supporting gender transition, expressed concerns about its appropriateness in every case. "I'm trans positive, as they say, gender-affirming, but I'm not blind to the idea that this isn't the right path for everyone," Anderson remarked to The Center Square. Highlighting the potential psychological harm of excluding parents, Anderson added, "It causes problems. They don't get any better. I've been asked to intervene as a psychologist where there's been a rift in the family because of such policies."
The majority opinion, despite ruling against the plaintiffs on standing, described the school board's policy as "shocking," "perhaps repugnant," and "staggering from a policy standpoint."
Financially, the legal battle has been costly for Montgomery County schools, with nearly half a million dollars spent on legal expenses through August 2023, a significant increase from $75,191 the prior fiscal year.
The case now awaits the Supreme Court's decision on whether to hear it. It will be among less than 2% of cases petitioned to the nation's highest court if selected. The decision is anticipated in late spring, setting the stage for a potentially landmark ruling on the balance between parental rights and student privacy in the context of gender identity issues in public schools.
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