69传媒

Law & Courts

Supreme Court Turns Down Case Challenging School District鈥檚 Transgender Policies

By Mark Walsh 鈥 May 20, 2024 3 min read
This Oct. 4, 2018, photo shows the U.S. Supreme Court at sunset in Washington. The Supreme Court has declined to take up an appeal from parents in Oregon who want to prevent transgender students from using locker rooms and bathrooms of the gender with which they identify, rather than their sex assigned at birth.
  • Save to favorites
  • Print
Email Copy URL

The U.S. Supreme Court on Monday declined to take up a case about a Maryland school district鈥檚 policies to support transgender students and when parents may challenge them.

The court鈥檚 action in was not a decision on the merits, but the case is emblematic of a widespread national debate over gender identity policies in public schools and parental rights.

鈥69传媒 across the country over the past few years have adopted policies similar to that involved here that require school personnel to hide from parents鈥攍ying if need be鈥攖hat the school is assisting their child to transition gender at school,鈥 said the in their case against the 160,000-student Montgomery County district outside the nation鈥檚 capital.

The parents contend that what they call a 鈥減arental preclusion policy鈥 calls for school personnel to support gender-transitioning students to change their names, pronouns, and how they 鈥渆xhibit鈥 their gender without officials consulting or even notifying parents. They argued that the policy violates their 14th Amendment due process right to direct the upbringing of their children.

The school district that its 鈥淕uidelines for Gender Identity,鈥 adopted in advance of the 2020-21 school year, call for collaboration with parents in developing a gender support plan for a transitioning student.

But when the student鈥檚 parents are deemed non-supportive, the guidelines 鈥渁cknowledge the reality that, 鈥榠n some cases, transgender and gender-nonconforming students may not openly express their gender identity at home because of safety concerns or lack of acceptance,鈥 and, in light of that reality, indicate that student support and safety is an overarching goal,鈥 the district said, quoting from the guidelines.

The parents鈥 lawsuit was dismissed in 2022 by a federal district court. Last year, a panel of the U.S. Court of Appeals for the 4th Circuit, in Richmond, Va., that the parents lacked standing to sue over the guidelines because none of their children had gender-support plans or had any discussions with school officials about gender transitioning or gender identity issues.

Writing for the majority, Judge A. Marvin Quattlebaum Jr. said the guidelines are 鈥渟taggering from a policy standpoint鈥 and may be 鈥渁n overreach into areas that parents should handle.鈥

But the parents 鈥渉ave not alleged facts that the Montgomery County public schools have any information about their children that is currently being withheld or that there is a substantial risk information will be withheld in the future,鈥 he said.

In dissent, Judge Paul V. Niemeyer said the majority鈥檚 view of parental standing was 鈥渦nfairly narrow鈥 in this case and subjected parents 鈥渢o a mandatory policy that pulls the discussion of gender issues from the family circle to the public schools without any avenue of redress by the parents.鈥

Niemeyer also cast doubt on the legality of the district鈥檚 guidelines, saying they usurp 鈥渢he constitutionally protected role鈥 of parents.

School districts鈥 policies on transgender students facing legal challenges

The parents, backed by the National Legal Foundation of Chesapeake, Va., also had support from several conservative groups and Republican-led states in the Supreme Court. A friend-of-the-court brief filed by said, 鈥淧arents must have the right to ask for the courts鈥 help in securing the fundamental right to know what schools are doing with their kids.鈥

The parents and the states both cite that more than 1,000 districts nationwide have policies for transgender and gender non-conforming students that 鈥渙penly state that district personnel can or should keep a student鈥檚 transgender status hidden from parents.鈥

The Montgomery County school district told the court in its brief that the 4th Circuit was correct in ruling that the parent challengers lacked standing. It said there are several cases across the country alleging that school districts denied information about a child鈥檚 gender transition to that child鈥檚 parents.

If the parents and their supporters 鈥渁re correct that similar cases are percolating through the lower courts, then the [Supreme] Court should address these issues, if at all, in litigation that presents an actual case or controversy,鈥 the district said.

This is not the only LGBTQ+ controversy in the Montgomery County district. Last week, a separate 4th Circuit panel issued a decision that refused to block the district鈥檚 policy preventing parents from opting their children out of LGBTQ+ inclusive 鈥渟torybooks鈥 used in its elementary schools.

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in 69传媒
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by 
School & District Management Webinar EdMarketer Quick Hit: What鈥檚 Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What鈥檚 Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide 鈥 elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

Law & Courts The Uncertainty Ahead for Title IX and Transgender 69传媒 in Trump's New Term
Trump may not be able to withdraw the Title IX rule on "Day 1," but advocates on both sides expect it to go away.
7 min read
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Marshall University students hold a protest to voice concerns over the handling of Title IX-related issues at the university on Nov. 18, 2022, in Huntington, W.Va.
Sholten Singer/The Herald-Dispatch via AP
Law & Courts Ten Commandments Law for Public 69传媒 Is 'Impermissible,' Judge Rules
The Louisiana law would require displays of the Ten Commandments in every public school classroom.
4 min read
Photo of Ten Commandments poster on school wall.
Getty
Law & Courts Supreme Court Weighs High-Stakes Fraud Issue for E-Rate Program
The justices appear to lean toward a ruling that could help keep schools from being overcharged by telecommunications companies.
8 min read
Image of students working on a computer.
Carlos Barquero Perez/iStock/Getty
Law & Courts Court Battles and Presidential Election Have Big Implications for Title IX Regulation
A federal appeals court heard arguments about whether some provisions of the Title IX regulation should be allowed to go into wider effect.
4 min read
Image of a gavel
iStock/Getty