Supreme Court blocks California laws against outing transgender students

Washington DC - The Supreme Court blocked a series of laws introduced by California to limit public schools' sharing of private information and data about transgender students.

The Supreme Court struck down a series of laws introduced by California to protect the privacy and data of transgender students.
The Supreme Court struck down a series of laws introduced by California to protect the privacy and data of transgender students.  © AFP/Alex Wroblewski

Under the laws, a public school would not be legally forced to disclose the gender identities of its students to their parents or guardians.

The provisions were designed to protect vulnerable transgender students who may face hostility, emotional trauma, or even domestic violence from their families if their gender identity were revealed.

The conservative-majority Supreme Court, however, ruled against the laws in a 6-3 vote on Monday, arguing that the rules undermined religious and parental rights protected by the US Constitution's 14th Amendment.

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The conservative court also argued in an unsigned opinion that California's laws violate the First Amendment because they run afoul of religious beliefs.

"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 court ruled.

According to the court, the right to due process also "includes the right not to be shut out of participation in decisions regarding their children's mental health."

Under the Trump administration, gender dysphoria is being treated as purely an issue of mental health – and with increasing disdain. International authorities, however, agree that it is not a mental health condition.

California Attorney General Rob Bonta said in a statement cited by NBC News that he was "disappointed" by the decision but remained "committed to ensuring a safe, welcoming school environment for all."

Cover photo: AFP/Alex Wroblewski

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