A coalition of 17 state attorneys general is asking the Supreme Court to recognize parents' rights in a case involving a Maryland school district's transgender policies.
West Virginia is in litigation over an appeals court ruling that says parents have no right to sue Montgomery County Public Schools over policies that allow teachers and administrators to transfer children without parents' knowledge or consent. , is leading the coalition.
Plaintiffs in the case named the guidelines in question the “Parental Exclusion Policy,” and attorneys for the National Law Foundation argued that it was a violation of their rights under the Fourteenth Amendment.
Guidelines for students who identify as transgender, adopted by the Montgomery County Board of Education in 2020-2021, include the student's identified name, pronouns, athletics, extracurricular activities, locker rooms, restrooms, “safe spaces, safety zones and other safety supports. ”
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West Virginia Attorney General Patrick Morrisey (left) speaks about the inaugural meeting of the West Virginia First Foundation.
In August, the U.S. Court of Appeals for the Fourth Circuit, in a 2-1 decision, dismissed a lawsuit brought by three parents of Montgomery County Public Schools students over the district's gender support plan.
In addition to allowing students to be called by their preferred name or pronoun and use the restroom of their choice, schools are also prohibited from notifying parents without the student's consent.
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“Before contacting a student's parent/guardian, the principal or designated staff member should speak with the student to determine the level of support the student is receiving or expects to receive from home.” is stated in the guidelines.
“This egregious policy completely circumvents parents' rights and prevents them from being involved in their children's physical, emotional, mental, and social well-being,” West Virginia Attorney General Patrick Morrissey said in a statement. Said In a statement announcing the move. “Any time any organization or institution tries to hide what they're doing when they have children in their care, that's a big red flag. Why would the school board keep secrets from students and parents? Will we encourage them to protect it?”
West Virginia Attorney General Patrick Morrissey, during a press conference at the state capitol in Charleston, West Virginia, May 4, 2023, announced a $6,800 dispute with Kroger over the Kroger pharmacy chain's role in perpetuating the opioid crisis. spoke to reporters to announce the $1 million settlement. (AP Photo/Jeff Dean, File)
“…is the oldest of the fundamental freedom interests recognized by the courts,” the coalition wrote in its brief. [is] The right of parents to direct the care and custody of their children. ”
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“Parents must have the right to seek cooperation from the courts to ensure their fundamental right to know what schools are doing to their children,” the brief continued.
Alaska, Florida, Georgia, Idaho, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Virginia. Joined the West Virginia-led brief.
