Tag Archives: US Supreme Court

Parental Rights

Mother, father, and child, Source https://pxhere.com/tr/photo/1445573, Author @mohamed hassan (CC0 1.0 Universal Public Domain Dedication)

The US Supreme Court has handed down a significant decision in Mirabelli v. Bonda reaffirming parental rights [1][2].

California law had required that schools effectively mislead parents about their children’s gender presentation, withholding information from parents as to their children’s use of preferred pronouns at school.  California viewed such disclosure as “forced outing” – as if the state had a greater interest in the welfare of children than their own parents [3].

The US Supreme Court ruling upheld the constitutional rights of parents to freely exercise their religion and direct the upbringing and education of their children [4][5].

In a related decision, Regino v. Staley, the 9th Circuit Court of Appeals last year pointed out that although the right of parents to make decisions for their children is not unbounded, the inquiry in cases of substantive due process is “whether the asserted fundamental right is objectively, deeply rooted in this Nation’s history and tradition, and implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if it was sacrificed [6].”

The existence of the family could hardly be more fundamental, and long predated the existence of the state.

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