We know that many Massachusetts public schools require teachers to lie to parents about their own children and cover up students’ gender dysphoria under the guise of “affirming” a student’s identity. Deceptive “Gender Transition Plans” have been found in Leominster and Natick, reported in Northboro and Pittsfield, and are likely in many other school districts as well. However, due to a recent Supreme Court decision that has dramatically changed the legal landscape, the Bay State may see an end to this phenomenon.
In Mirabelli v. Bonta, California passed a law that requires schools to hide a student’s gender identity from their parents unless the student consents, and requires teachers to use a student’s “preferred pronouns” even if the parents object. After parents sued, a federal district court issued a permanent injunction that forced the state to back down. But when California appealed the decision, the 9th Circuit Court of Appeals put the injunction on hold. The case went to the U.S. Supreme Court, and the Court issued a short opinion that granted the parents’ emergency petition to put the injunction back in place and stated that the parents were likely to succeed – not only on their religious liberty claims against the California laws, but also on their parental rights claims. It stated that “under long-established precedent, parents—not the State—have primary authority with respect to the upbringing and education of children.”
While this opinion was not a final decision on the merits of the case, it strongly signaled to lawmakers and schools that secret transition policies are unconstitutional. This is an important win for parents, and it puts schools on notice that some of their policies and procedures could land them in legal hot water.
However, school committees might not be aware of the developments with this case, including what it means for their policies and the families they serve. And parents might not know how this new SCOTUS decision helps protect their rights. That’s why we are excited to share this new resource from Massachusetts Liberty Legal Center: Massachusetts Legal Advisory Mirabelli v. Bonta and the Constitutionality of Gender Identity Policies in Public Schools.
We encourage you to download and share this helpful letter today with anyone you know who has children in the public school system, as well as with your local school committee members.
To learn more about how this case could impact the Commonwealth, read this post on the Massachusetts Informed Parents (MIP) Substack and subscribe today!
