The US Supreme Court declined Monday to hear a challenge to a Maryland school district’s gender identity policy, which parents are alleging violates their rights.
In John and Jane Parents v. Montgomery County Board of Education, three parents with children who attend Montgomery County Public Schools (MCPS) allege the school enacted policies that violated their Fourteenth Amendment rights. The policies adopted by the school in the 2020-2021 school year enabled students of any age to “transition socially to a different gender identity at school without parental notice or consent.” The policies address a multitude of topics: establishing a gender support plan, protecting student privacy, the use of appropriate names and pronouns, and participation in gender based activities. The goal of the policies was to create a safe environment for students.
The complaint alleged no specific allegations regarding the application of the policies. The primary issue at hand was the portion of the guidelines that allow students to transition without parental involvement. School personnel was advised to avoid disclosing the student’s gender without the consent of the student. The US District Court for the District of Maryland previously dismissed the case for failure to state a claim for which relief could be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Supreme Court declined to hear the case upon appeal.
This case comes not long after Maryland parents were denied the right to request to have their children opt out of education on LGBTQ+ history and topics. Parents also alleged that the policy violated their due process rights under the Fourteenth Amendment and their children’s freedom of speech under the First Amendment. These claims were dismissed.