最高法院支持家长知情孩子性别认同问题,反对加州相关规定。
Supreme Court Sides With Parents Over Kids' Gender Disclosure In California

原始链接: https://www.zerohedge.com/political/supreme-court-sides-parents-over-kids-gender-disclosure-california

最高法院周一发布裁决,支持家长对加州政策的挑战,该政策允许学生在未经父母通知的情况下在学校进行社会性别转换。法院在一份未署名的命令中,恢复了较低法院的禁令,阻止这些政策,理由是它们可能侵犯父母在养育子女方面的第一修正案宗教自由权利。 此案的核心在于学生隐私/安全(特别是 LGBTQ+ 青年)与父母权利之间的平衡。加州辩称,隐瞒信息是为了保护弱势学生,而法院强调父母是其子女利益的首要保护者。 巴雷特、罗伯茨和卡瓦诺大法官澄清,该裁决是初步的,并非对宪法问题的最终裁决。自由派大法官持异议,批评法院在较低法院全面审查之前迅速介入。此案现在将返回上诉法院,可能导致未来关于父母权利和学生隐私的更全面的最高法院裁决。

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原文

Golden State groomers were dealt a devastating blow on Monday after the Supreme Court sided with parents challenging school policies in California that restrict when educators may disclose changes to a student’s name or pronouns, handing parental rights advocates an early but significant victory in a closely watched culture-war dispute.

In an unsigned 'shadow docket' order, the justices restored a lower court’s injunction blocking enforcement of policies that prevent teachers from informing parents when their child socially transitions at school. The Court said the parents are likely to succeed on their claim that the policies violate their First Amendment right to freely exercise their religion.

The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs,” the Court wrote. “California’s policies violate those beliefs.”

The decision does not definitively resolve the constitutional question. Instead, it reinstates a preliminary order issued by a federal district judge while the case proceeds through the appellate process. Justice Amy Coney Barrett, joined by Chief Justice John Roberts and Justice Brett Kavanaugh, emphasized in a concurring opinion that the ruling is “preliminary,” underscoring that the Court’s assessment that the parents are “likely” to prevail does not constitute a final merits determination.

The case centers on whether public school officials may withhold information from parents about a student’s gender identity or use of different names and pronouns at school. California officials have argued that such policies are designed to protect student privacy and safety, particularly for LGBTQ youth who may face difficult home environments.

The State argues that its policies advance a compelling interest in student safety and privacy,” the Court acknowledged. “But those policies cut out the primary protectors of children’s best interests: their parents.”

At least five members of the Court’s conservative majority voted to grant the emergency relief, though Justice Neil Gorsuch did not publicly disclose his vote. Justices Clarence Thomas and Samuel Alito indicated they would have gone further by also siding with teachers who argue their own constitutional rights are implicated.

The Court’s three liberal justices dissented. Justice Elena Kagan, joined by Justice Ketanji Brown Jackson, criticized the majority for acting through the Court’s emergency docket before the lower courts had completed full review.

This case cries out for reflection and explanation,” Kagan wrote, arguing that the legal questions are “novel” and deeply contested. She warned that the Court appeared “impatient” to intervene before the appellate process had run its course.

California Attorney General Rob Bonta had urged the justices to deny the emergency request, contending that the district court’s order would require “instant, dramatic changes” to school policies and could cause irreversible harm to students whose gender identity is disclosed without their consent.

“For many students, the consequences of compelling the disclosure of confidential information about their gender identity would be irreversible,” Bonta’s office wrote in court filings.

The case now returns to the U.S. Court of Appeals for further proceedings on the merits. After that court issues a decision, the dispute could return to the Supreme Court for full briefing and oral argument — setting the stage for a potentially sweeping ruling on the scope of parental rights and student privacy in public schools.

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