By Carolyn Jones
This story was originally published by CalMatters
Advocates for transgender youth vowed to keep fighting Wednesday after the U.S. Supreme Court blocked — at least temporarily — a California policy protecting the privacy of transgender students in K-12 schools.
The court ruled in favor of a group of parents near San Diego who argued that the state’s policy violates their right to religious freedom and due process. The policy barred school districts from requiring teachers to “out” transgender students to their parents, unless the students gave permission.
“The court’s ruling is shocking and alarming,” said Shannon Minter, legal director of the National Center for LGBTQ Rights, which is based in Sacramento. “It’s part of a larger effort by this court and the administration to eliminate any protection for transgender people.”
The case was originally filed in 2023 by the Thomas More Society, a public interest law firm that focuses on religious issues. It stems from a state policy related to students’ privacy rights.
A federal district court judge initially ruled in favor of the parents with children in the Escondido Union School District in north San Diego County, and then the Ninth Circuit Court of Appeals paused the ruling while the state prepared an appeal. The parents asked the Supreme Court to lift the pause, which it did on Tuesday. The appeal is still pending before the Ninth Circuit.
‘A Watershed Moment’
Attorneys for the Thomas More Society called it the greatest victory for parental rights in a generation.
“This is a watershed moment for parental rights in America,” said Paul Jonna, special counsel at the Thomas More Society. “The Supreme Court has told California and every state in the nation in no uncertain terms: you cannot secretly transition a child behind a parent’s back.”
The ruling undermines California’s Safety Act, which bars school districts from adopting “forced outing” policies and was hailed as a major victory for transgender rights when Newsom signed it in 2024.
Sonja Shaw, president of the Chino Valley Unified school board, described the Supreme Court’s ruling as “a massive victory.” Chino Valley was among a handful of districts in 2023 that enacted policies requiring teachers to divulge to parents if a student changes their gender identity.
“The Supreme Court has affirmed what we’ve always known to be true: policies deceiving parents are wrong, and they can not be allowed to stand,” said Shaw, a candidate for state superintendent of public instruction. “This win came from brave teachers and parents who refused to stay silent.”
California Attorney General Rob Bonta acknowledged the ruling was a setback.
“We are disappointed with the Supreme Court’s decision,” Jordan Blue, a spokesperson for Bonta, said. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives.”
California has been on the forefront of transgender rights, especially for young people. The state has existing laws requiring teachers to use students’ preferred pronouns; schools are required to offer gender-neutral bathrooms; and sports teams and clubs must be open to all students. Those policies remain in place.
Still, this week’s ruling was significant, said Jorge Reyes Salinas, spokesperson for Equality California, the state’s largest LGBTQ advocacy organization.
“Everyone is heartbroken,” Reyes Salinas said. “Although it’s not surprising. It’s just a continuation of the vile attacks we’ve seen on transgender youth. It’s even more important now that California strengthens its laws protecting trans people.”
Minter, at the National Center for LGBTQ Rights, said that the ruling may have a narrow focus, but it sends a chilling message to transgender young people, who already face higher rates of anxiety and depression than their peers.
Minter said the transgender community will continue fighting for their rights.
“Most people in this country do not support what’s happening to transgender people,” Minter said. “We will fight every inch of the way until all people are treated with the basic decency they deserve.”
