Kamal Ghorui
US Supreme Court blocks California policy on student gender privacy, backs parents’ religious claimsThe Supreme Court of the United States on Monday blocked a California education policy that restricted teachers from informing parents about a student’s gender expression or transition at school. As reported by CNN, the emergency order pauses the state’s approach, which California officials say was designed to protect transgender minors from potential rejection, abuse, or psychological harm at home.In an unsigned order, the court said parents seeking religious exemptions were likely to succeed in their claim that the policy violates the Free Exercise Clause of the Constitution.“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court stated.
Religious liberty versus student privacy
At the center of the dispute is a constitutional question: Do parents have a right to be informed if their child is undergoing a gender transition at school, or do schools have a duty to respect a student’s privacy — particularly if disclosure could result in harm?As reported by CNN, the majority noted that the parents involved hold “sincere religious beliefs about sex and gender” and believe they have a religious obligation to raise their children in line with those views. The court concluded that California’s policy burdened those beliefs.At least five conservative justices supported the outcome, while the court’s three liberal justices dissented.Justice Elena Kagan, joined by Justice Ketanji Brown Jackson, criticised the court’s use of its emergency docket. Kagan argued that the court acted prematurely without full briefing and oral arguments.“A mere decade ago, this court would never have granted relief in this posture,” Kagan wrote, warning that bypassing normal procedures risks decisions made without a fully developed factual record, according to CNN.
Lower court rulings and scope of order
The emergency appeal followed a decision by the United States Court of Appeals for the Ninth Circuit, which had allowed the policy to remain in effect while litigation continued. The appeals court had paused an earlier ruling by US District Judge Roger Benitez, who had sided with parents and teachers challenging the policy.CNN reported that while the Supreme Court granted relief for the parents, it declined to do so for teachers. However, the practical effect is that the policy, as previously enforced, is now blocked.The parents and teachers were represented by the Thomas More Society, which argued that California schools were effectively concealing students’ transgender status from parents, including religious families.
California’s defence and broader implications
California defended the policy as a safeguard against what it described as “forced outing.” In 2024, the state enacted a law prohibiting schools from requiring staff to inform parents if a student identifies as LGBTQ. According to CNN, state officials told the court that disclosure could expose students to “significant psychological, emotional, and sometimes even physical harm.”They also argued that the lower court’s order allowed no exceptions — even in cases where disclosure could lead to abuse or self-harm.The ruling signals the court’s continued willingness to prioritise religious liberty claims in education-related disputes. As CNN noted, the broader constitutional conflict between parental rights, religious freedom, and student privacy remains unresolved and could return to the court’s full merits docket in the future.
