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Supreme Court temporarily halts California gender policy as parental rights reaffirmed

Ainsley Earhardt discusses the Supreme Court's decision to halt California's policy regarding parent notification on student gender identity changes with Thomas More Society executive vice president Peter Breen.

The Supreme Court ruled earlier this week in a 6-3 decision that California teachers cannot hide from parents the fact that their child is identifying as trans in school while the broader case works its way through the courts, but the real question is, what on Earth were the three dissenting liberals thinking?

In fairness, our justices of the left, Elena Kagan, Sonya Sotomayor and Katanji Brown-Jackson, did not render a final judgment in the case. But the idea that parents should be kept in the dark while it plays out is simply repulsive.

Justices of the U.S. Supreme Court pose for their official photo at the Supreme Court in Washington, D.C., on October 7, 2022. (OLIVIER DOULIERY/AFP via Getty Images)

The majority, in as obvious a statement as one can make, decided that parents have the "primary authority with respect to 'the upbringing and education of children,'" including "the right not to be shut out of participation in decisions regarding their children’s mental health."

As every parent knows, their permission is needed at school for everything from field trips to special holiday meals, but apparently the dissenting trio believes there is an argument to be made for not telling parents their child has changed their gender. Abject madness.

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Worse, when you think it through, is that instead of talking about this legitimate mental health challenge with their folks, children are supposed to trust other adults more to make decisions about their gender and sexuality, an incredibly dangerous idea.

Most parents, if they discovered another adult was secretly encouraging their son to wear dresses, would immediately call the police, as they should.

What led the misguided liberals on the court here is the most fundamental misunderstanding, or flat-out lie, if you prefer, underlying the case, that people can be born in the wrong body or change genders.

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Once the justices crack open this pandora's box, it opens the door to arguments that parents are somehow violating their own children’s rights by refusing to accept their claim to be trans. All across the country, parents have lost access to their children for refusing to feed the trans delusion.

A young progressive female teacher discussing with preteen children about LGBT social movements in the classroom, holding a rainbow flag. (Getty Images )

Take the case of Jeanette Cooper of Chicago, who lost custody of her 12-year-old daughter after she went to her father's house and claimed she was a boy. Even after affirming her child’s pronouns, Cooper still lost custody under the same laws that protect kids from abuse.

"A difference in belief is not abuse," Cooper told Fox News in 2023. "I think that children who are actually being abused in very material ways should be insulted by this."

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Apparently, the Supreme Court’s liberals and progressives in general believe that parents who do not just simply and blindly accept that their child has changed genders should have that kept from them, and perhaps even lose them if they refuse to give in.

Is it possible that there are a handful of parents out there who might actually abuse their kids for being trans? It is, but first of all, abuse is already illegal, and more importantly, we cannot disregard the basic rights of all parents because of a few alleged bad apples.

All of this is rooted in the creepy progressive idea that your kids belong to society, not to you, that it is the state, not the parents who bear ultimate responsibility for the child’s development and well-being.

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If there is abuse or neglect, the state can and must step in, but this must be the extreme exception, never the rule, and it should not apply at all in terms of gender identity.

Along with the recent decision by Langone Medical Center and other major hospitals to cease the medical transition of children, this 6-3 decision by the court, and the likely final decision along those lines, are powerful steps back towards sanity.

A new parent guide launched to help parents of K-12 students navigate "woke" concepts in their kids' schools. (IStock via Getty Images)

The conservatives on the court are to be commended for this common-sense decision, but until all of our institutions reject the idea that gender is fluid or nonbinary, we will continue to have children confused about their gender.

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It is not enough to compel teachers to disclose to parents if a child thinks they are trans, they must also be compelled not to preach this fairy tale of gender identity in our schools at all. 

With this Supreme Court decision, that goal is firmly within reach.

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