Legal Commentary: SCOTUS Asked to Review Case of School Secretly Transitioning Students

Attorneys with the Child & Parental Rights Campaign and Alliance Defending Freedom (ADF) have asked the U.S. Supreme Court to hear the case of a Massachusetts family challenging a school’s gender-identity policy that excludes parents from involvement in key decisions regarding their children’s care.

According to court filings, officials at Baird Middle School began “socially transitioning” the daughter of Stephen and Marissa Foote—encouraging her to identify as genderqueer, use male names and pronouns, and consider using male bathrooms—while hiding it from her parents. The school counselor questioned whether the parents were providing “appropriate care,” referred the child to Translate Gender, an activist group, and told staff not to inform the parents. When a teacher privately warned them, she was fired.


The First Circuit sided with the school, finding its actions to “safeguard the student” did not violate the parents’ constitutional rights. ADF petitioned for U.S. Supreme Court review and dozens of groups have filed amicus briefs in support of the parents. As ADF states, “Schools should partner with parents, not treat them as obstacles. When school officials lie to parents about their children, it’s kids who are harmed.” Over 1,000 school districts nationwide have similar policies that keep families in the dark.

The Supreme Court will decide in the next few weeks whether it will hear the case.

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