Appeals Court Upholds School Gender Identity Policy, Parents Seek Supreme Court Review

Parents in Massachusetts are contemplating an appeal to the U.S. Supreme Court following a ruling that they lack a constitutional right to be informed about their child’s gender transition at school. This decision originated from a case involving the Ludlow Public Schools, which has sparked a significant debate over parental rights and student privacy.

In a ruling delivered on February 18, the U.S. Court of Appeals for the First Circuit upheld a lower court’s dismissal of a lawsuit filed by parents Stephen Foote and Marissa Silvestri in 2022. Their complaint centers on Paul R. Baird Middle School, where they allege that school officials encouraged their then-11-year-old daughter to adopt a new name and different gendered pronouns without their knowledge.

Allegations Against School Officials

The parents assert that the school’s nondisclosure policy, which prevents staff from informing parents about a student’s requested gender identity without consent, infringes upon their parental rights as protected by the Due Process Clause of the Fourteenth Amendment.

Specifically, they claim that the school committee and implicated educators crossed boundaries by assuming roles that traditionally belong to parents in guiding their children’s education and personal decisions, including medical and mental health matters.

Legal Representation and Plans for Appeal

Representing the parents in court, Vernadette Ramirez Broyles, President and General Counsel for the Child & Parental Rights Campaign, expressed disappointment and concern over the ruling. She plans to petition the Supreme Court for a review of the case.

Broyles stated that many parents, regardless of their political opinions, would likely share their concern about the case’s implications. The ruling raises questions about parental authority in a public school setting.

Impact of School Assignments

The lawsuit highlights a specific incident where students at Baird Middle School were given an assignment by the school librarian to create a biographical video that included their pronouns. Following this assignment, the plaintiffs’ daughter began receiving unsolicited LGBTQ-themed video suggestions on her school-issued computer, which prompted her to question her gender identity.

Parental Concerns Ignored

After a teacher informed the parents about their daughter’s struggles with depression and self-esteem issues, the parents sought private counseling for her. They instructed school staff to refrain from discussing gender identity privately with their daughter.

Unbeknownst to them, the daughter later initiated contact with the school counselor, identifying herself as