Supreme Court refuses to hear case on school board's transgender policy

 May 21, 2024

Last year saw a federal court dismiss the lawsuit brought by two Maryland parents over transgender policies in their school district.

While the pair had sought relief from the Supreme Court, America's highest judicial body has declined to hear their case. 

Appeals court found parents lacked standing

According to Fox News, the issue concerns whether the plaintiffs, identified only as John and Jane Parents 1, have standing to sue the Montgomery County Board of Education.

They complained that the school board 2020-21 gender identity policy instructed staff to keep parents in the dark concerning gender identity information and pronoun use.

However, the U.S. Court of Appeals for the Fourth Circuit ruled last year that the parents lack standing to challenge the policy.

In a two to one decision, the judges pointed out that they did "not allege that their children have gender support plans, are transgender or even struggling with issues of gender identity."

"Policy disagreements should be addressed to elected policymakers at the ballot box, not to unelected judges in the courthouse," the decision added.

Conservative legal group takes federal courts to task

Fox News noted that the parent's appeal came after U.S. District Judge Paul Grimm for the District of Maryland ruled against them in 2022.

"The Guidelines carefully balance the interests of both the parents and students, encouraging parental input when the student consents, but avoiding it when the student expresses concern that parents would not be supportive, or that disclosing their gender identity to their parents may put them in harm's way," the Obama appointee wrote.

The parents were supported by American First Legal, a conservative organization founded by former Trump White House adviser Stephen Miller.

"Federal judges across the United States are abjectly failing to do precisely what they should do: declare what the law is and adjudicate cases and controversies between specific parties with specific claims," American First Legal executive director Gene Hamilton told Fox News.

"Judges are hiding behind false understandings of 'standing'"

"An overwhelming number of federal judges are hiding behind false understandings of 'standing' and the role of federal courts as properly understood by the founders," he said.

"Until that changes, sadly, we are going to see more righteous cases dismissed by judges who lack the courage to do their fundamental duty," Hamilton went on to predict.

Another group called First Liberty Institute provided support as well. Kayla Toney is an attorney with the organization, and she expressed disappointment with the Supreme Court's refusal to get involved.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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