On Nov. 7, the U.S. Supreme Court will consider taking up a landmark case that could redefine the meaning of parental rights in public education. The case, Littlejohn v. School Board of Leon County, has the potential to impact every classroom in the United States.
Background
The case involves a middle school student in Florida. Parents allege school officials met privately with their 13-year-old daughter to discuss “gender identity” and created a “gender support plan” against their wishes and without informing them.
According to the lawsuit, staff were allowed to withhold information if a student requested confidentiality. Parents claim the school violated their constitutional right to direct the upbringing of their child under the 14th Amendment.
Legal History
Florida district court and the 11th Circuit Court of Appeals dismissed the case.
Both courts applied the “shock-the-conscience” test – a standard of review that requires proof of school officials acting with the intent to harm in order to find wrongdoing – and held that the school’s actions did not meet that threshold.
The 11th Circuit Court of Appeals reasoned,
Defendants did not act with intent to injure. To the contrary, they sought to help the child. Under these circumstances, even if the Littlejohns felt that Defendants’ efforts to help their child were misguided or wrong, the mere fact that the school officials acted contrary to the Littlejohns’ wishes does not mean that their conduct “shocks the conscience” in a constitutional sense.
In September, the Littlejohns filed their petition with the Supreme Court to review the decision. The Court has scheduled a conference to discuss the case for Friday, Nov. 7.
Constitutional Question
Here’s what at stake: if school officials can infringe on fundamental rights of parents protected in the U.S. Constitution.
The Littejohns argue that parental rights are fundamental and require the Court to apply the highest level of review, strict scrutiny, as it would with other core constitutional rights.
Impact
A ruling in favor of the Littlejohns could solidify constitutional protections for parental rights nationwide on the growing issue of school officials transitioning students without parental involvement.
If the Court decides to take the case this term, there is good reason to believe that the Court would protect parental rights.
As previously reported by the Daily Citizen, the Supreme Court decided not to take a similar Colorado parental rights case. In a short statement, Justice Samuel Alito made it clear that the case raised very serious questions about parental rights.
“The troubling – and tragic – allegations in this case underscore the ‘great and growing national importance’ of the question that these parent petitioners present.”
The Daily Citizen will continue to follow this case.
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