{"id":56396,"date":"2024-09-04T11:31:32","date_gmt":"2024-09-04T15:31:32","guid":{"rendered":"https:\/\/www.rightwinggranny.com\/?p=56396"},"modified":"2024-09-04T11:31:32","modified_gmt":"2024-09-04T15:31:32","slug":"i-hope-this-gets-to-the-supreme-court-quickly","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=56396","title":{"rendered":"I Hope This Gets To The Supreme Court Quickly"},"content":{"rendered":"

On Monday, Legal Insurrection<\/a> reported:<\/p>\n

A policy that allows school staff to keep a child\u2019s transgender status a secret does not violate a parent\u2019s fundamental rights under the New Hampshire constitution, the state\u2019s Supreme Court has held<\/a>.<\/strong><\/p>\n

The policy was challenged by a New Hampshire mother who sued<\/a> the Manchester school district after finding out from a teacher that her minor child (identified as M.C.) had asked school staff and students to be called by a name typically associated with the opposite sex.<\/strong><\/p>\n

According to the lawsuit, when the mother first asked the school to continue using her child\u2019s given name and sex-appropriate pronouns, two teachers wrote to her saying they were willing to comply.<\/strong><\/p>\n

After the teachers stated that they were willing to comply, the mother got an email from the school principal that stated:<\/p>\n

Good Morning [Jane Doe]. While I respect and understand your concern, we are held by the District policy as a staff. I have quoted our district policy below, which outlines the fact that we cannot disclose a student\u2019s choice to parents if asked not to. If [M.C.] insists on being called [M.C.\u2019s desired name] as a staff we have to respect that according to the policy or unfortunately we can be held accountable despite parents\u2019 wishes.<\/strong><\/p>\n

The principal was reiterating district policy that, absent the child\u2019s consent, \u201c[s]chool personnel should not disclose information that may reveal a student\u2019s transgender status or gender nonconforming presentation to others.\u201d The school justified the policy as recognizing transgender students\u2019 \u201crights\u201d to privacy.<\/strong><\/p>\n

The article continues:<\/p>\n

But that policy violated her<\/em> fundamental parental rights, the mother alleged, among other claims, by encouraging school officials to affirmatively conceal her child\u2019s \u201copen and public\u201d gender identity transition in school from her.<\/strong><\/p>\n

After all, if the whole school knows the child is transitioning, why shouldn\u2019t the parent?<\/strong><\/p>\n

Notwithstanding these arguments, the trial court found the policy did not infinge a fundamental parenting right so as to warrant the application of strict scrutiny<\/a>. And because the policy was rationally related<\/a> to legitimate governmental interests, it was not unconstitutional, the court held, dismissing<\/a> her claim.<\/strong><\/p>\n

In a 3-1 decision on appeal, the New Hampshire Supreme Court agreed.<\/strong><\/p>\n

I may take a village to raise a child, but that is a problem if the village is inhabited by villagers trying to take away parents’ rights.<\/p>\n","protected":false},"excerpt":{"rendered":"

On Monday, Legal Insurrection reported: A policy that allows school staff to keep a child\u2019s transgender status a secret does not violate a parent\u2019s fundamental rights under the New Hampshire constitution, the state\u2019s Supreme Court has held. The policy was … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[621,9434,1891,3867,14868,1831,274,16631],"class_list":["post-56396","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-constitution","tag-fundamental-rights","tag-gender-identity","tag-legal-insurrection","tag-parents-rights","tag-school-district","tag-supreme-court","tag-transgender-students"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/56396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56396"}],"version-history":[{"count":2,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/56396\/revisions"}],"predecessor-version":[{"id":56398,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/56396\/revisions\/56398"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}