The U.S. Supreme Court blocked a California law that allowed schools to hide whether a child was secretly transitioning, saying it was “misleading” parents.
The statute in question, dubbed the “Safety Act,” was signed into law in 2024 by California Gov. Gavin Newsom and prohibits those employed by publicly funded educational institutions from sharing “any information related to a pupils sexual orientation, gender identity, or gender expression to any other person without the pupils consent unless otherwise required by law.”
The majority opinion of the court said in its emergency ruling on Monday: “These policies likely violate parents’ rights to direct the upbringing and education of their children,” and “the injunction here promotes child safety by guaranteeing fit parents a role in some of the most consequential decisions in their children’s lives. The injunction also permits the state to shield children from unfit parents by enforcing child-abuse laws and removing children from parental custody in appropriate cases.”
Justice Elena Kagan, joined by Justice Ketanji Brown Jackson, dissented. Justice Sonia Sotomayor would deny the application in full, per the filing.
The emergency 6-3 ruling also requires schools to follow the parents’ wishes regarding their child’s pronouns and name.
Case background
The case dates back to 2023, when two teachers sued their school district seeking an exemption from complying with the policies on gender and pronouns. They were later joined by parents who said their children had been secretly transitioning at school.
According to the religious liberty nonprofit Becket, which filed a friend-of-the-court brief in the case, one family only discovered what was happening to their daughter after she attempted suicide at the beginning of her eighth grade year.
The Supreme Court filing said it wasn’t even brought to the parents’ attention during the parent-teacher conference that their daughter was using a male name and identifying as a boy at school.
“Just months after being discharged, the Poes’ daughter was rehospitalized and held there involuntarily because she was at risk for self-harm. At a new school in ninth grade, she once again began identifying as a boy. Contrary to the Poes’ instructions, teachers and school officials continued to use a male name and pronouns for their daughter, citing their obligations under California state law. The Poes have placed their daughter in therapy and obtained psychiatric care for her,” per the filing.
“This is a victory for parental rights, religious freedom, and common sense,” said Becket CEO and President Mark Rienzi in a press release. “Once again, the Supreme Court has made clear that parents do not take a backseat to anyone when it comes to raising their kids, especially not government bureaucrats.”
After a California district court ruled in favor of the families and teachers, the U.S. Court of Appeals for the 9th Circuit stayed the order pending the state’s appeal of the lower court’s decision.
The Supreme Court granted the parents’ motion to vacate the circuit court’s stay, but denied the teachers’ motion.
“The State argues that its policies advance a compelling interest in student safety and privacy. But those policies cut out the primary protectors of children’s best interests: their parents,” the decision said.