“Without a discussion with his or her parents on this sensitive subject, a child very likely will not know the parents’ views, concerns, or thoughts with respect to transgenderism,” according to the brief.
The U.S. Constitution “protects parental interests as fundamental,” the brief said. “This policy’s underlying rationales – that parents do not act in their children’s best interest and schools may trump parental authority when they suspect they might disagree with parental decisions – provide no permissible justification whatsoever.”
The policy presumes parents neglect or abuse their child and thereby violates their right to due process, according to the brief.
“It is parents who are given the primary right to care for their child, not school counselors, teachers, or principals,” the brief said. “[F]undamental parental rights, like other fundamental rights, may only be curtailed or withheld after notice and due process.”
As part of the school district’s policy, a student decides whether a parent is informed of and attends his or her meeting with a school administrator or counselor to receive support and implement a Gender Support Plan.
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In addition to the ERLC and the BCI, joining in the brief were six state pro-family organizations – Wisconsin Family Action, Illinois Family Institute, Minnesota Family Council, Delaware Family Policy Council, Hawaii Family Forum, The Family Foundation – and Concerned Women for America, Ethics and Public Policy Center, National Legal Foundation and Pacific Justice Institute.
This article originally appeared at Baptist Press.
