And the trend doesn’t look good for transgender kids.
The outcome, while centering around school administration rather than the civil rights of transgender Americans, is likely nonetheless to have far-reaching impacts.
The parents sued, alleging that the defendants violated three different rights derived from the 14th Amendment: their fundamental parental rights to direct the education and upbringing of their children, their fundamental right to direct medical and mental health decision-making for their children, and their fundamental right to “familial privacy” and “family integrity.”
None of these rights are expressly identified in the Constitution. All of them stem from the same aspect of the 14th Amendment that produced the original decision in— “substantive” due process. The Supreme Court, of course, has now overturned that decision, leaving open the question of which constitutional rights stemming from the 14case, U.S. District Judge Mark G. Mastroianni dismissed the lawsuit and ruled in favor of the school.
That dismissal order is now on appeal before the U.S. Court of Appeals for the 1st Circuit. The 4th Circuit separately tossed out a similar case. Another remains pending in the 11th Circuit. Given the political overtones and because the law is so murky and undeveloped in this area, it is highly likely the issue will be appealed to the U.S. Supreme Court.threads are in play here, making the issue constitutionally complex, and easy answers disturbingly elusive.
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