SCOTUS Sides With California Parents In School Transgender Dispute
The Supreme Court on Monday evening granted a request from a group of parents in California to reinstate a ruling by a federal district court prohibiting schools in the state from “misleading parents about their children’s gender presentation.” In addition, the ruling requires schools to follow parents’ instructions regarding the names and pronouns that children use there.
In a detailed seven-page ruling, the majority clarified that the parents were likely to succeed in their argument that California’s policies infringe upon their right to freely practice their religion and their right to guide the upbringing and education of their children.
Two of the court’s left-wing justices, Elena Kagan, joined by Ketanji Brown Jackson, dissented from the court’s ruling, arguing that Monday’s ruling “shows, not for the first time, how our emergency docket can malfunction.”
The dispute originated in 2023, when two teachers filed a lawsuit against the school district seeking an exemption from its policies on gender and pronouns. They were later joined by parents of children who either socially transitioned at school or believed their children had done so.
After the district court ruled in favor of the challengers, the U.S. Court of Appeals for the 9th Circuit temporarily suspended that ruling while the state appealed the decision. The challengers then escalated the case to the Supreme Court, asking the justices for intervention.
In a nuanced decision on Monday night, the majority ruled in favor of the parents but rejected the teachers’ request. The majority explained that the parents were likely to succeed in their claim that the state’s policies interfere with their religious freedom.
The majority wrote that the policies are subject to the most stringent constitutional test, which is known as strict scrutiny, because “they substantially interfere with the ‘right of parents to guide the religious development of their children.’”
The policies can’t pass that test, the majority noted further, regardless of the state’s claim that the “policies advance a compelling interest in student safety and privacy” because they “cut out the primary protectors of children’s best interests: their parents.”
Moreover, the majority wrote, parents have long had “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.”
In a seven-page dissenting opinion, Kagan criticized the court’s decision to resolve the case using the interim docket. She claimed that the high court “receive[d] scant and, frankly, inadequate briefing about the legal issues in dispute” and then, without having any oral argument, “grant[ed] relief by means of a terse, tonally dismissive ruling designed to conclusively resolve the dispute.”
Kagan further wrote that the court could resolve the issue at the center of this case in “the regular way, on our merits docket.” She pointed out that the court has been revisiting a petition for review in a similar case repeatedly since November.
“Why not, then, just grant” review in that case, she asked, “and decide it this coming fall?”
“Our processes are, in short, the hallmark of judicial probity, and alike its guarantor. There was no reason to abandon them here,” she concluded.
In a four-page concurring opinion, Justice Amy Coney Barrett, along with Chief Justice John Roberts and Justice Brett Kavanaugh, addressed and countered Justice Kagan’s criticism.
Barrett argued the majority’s ruling that “the parents are likely to succeed on the merits” is a “preliminary” one. She then said that the interim relief decision “is not a sign of the Court’s ‘impatience’ to reach the merits,” but rather “reflects the Court’s judgment about the risk of irreparable harm to the parents.”
If the 9th Circuit’s order is not lifted, she added, “parents will be excluded—perhaps for years—from participating in consequential decisions about their child’s mental health and wellbeing.”
SHE THOUGHT KICKING A PREGNANT WIFE IN THE HOSPITAL WOULD END THE MARRIAGE — UNTIL THE BILLIONAIRE HUSBAND SAW THE TRUTH WITH HIS OWN EYES.
The low, vibrating chime of Marcus’s phone seemed to echo in the sudden, absolute silence of the VIP hospital suite. Outside the large glass windows, the distant murmur of the charity fundraiser gala continued, a stark contrast to the thick, suffocating tension that had gripped the room.
Marcus slowly pulled the phone from his tuxedo pocket. His eyes never left Isabella as his thumb swiped across the screen, playing the high-definition security footage sent directly by his head of security.
On the screen, there was no ambiguity. There was no "self-defense." The footage clearly showed Isabella lunging at me, her face twisted in a mask of pure malice as she shoved my seven-month-pregnant body into the side table. It showed the champagne glass shattering, and most horrifying of all, it captured the exact second her pointed red heel drove brutally into my abdomen while I lay helpless on the floor.
A muscle ticked violently in Marcus’s jaw. The cold, calculated billionaire who ran Thorne Enterprises—the man who prided himself on being five steps ahead of every competitor, every investor, and every enemy—looked completely paralyzed by the sheer weight of his own blindness.
"Marcus, honey, you can't believe whatever she's trying to play at," Isabella stammered, her voice rising an octave as she took a tentative step toward him, her hands reaching out to touch his lapel. "Khloe has been unstable for weeks. She’s jealous because she knows you don't love her. She staged this! She threw herself into that table just to make me look like a monster!"
"Get away from her," Marcus whispered.
The words were so quiet, so devoid of emotion, that Isabella froze mid-step.
"What?" she blinked, her polished, glamorous facade cracking completely.
"I said," Marcus raised his head, his piercing dark eyes locking onto hers with a lethal, suffocating intensity that made the gala coordinator behind him take a step back into the hallway, "get your hands off me, and step away from my wife."
"Marcus—"
"Michael!" Marcus roared, his voice cutting through the room like a physical blow.
Instantly, three burly men in dark suits and communication earpieces pushed past the coordinator into the room. The leader, Michael, looked at the blood on the floor near my maternity gown and his expression hardened into stone.
"Sir?" Michael asked, his hand resting near his holster.
"Secure Isabella Rossi," Marcus commanded, his voice trembling with a terrifying blend of absolute authority and suffocating rage. "Take her to the holding room in the basement. If she attempts to leave, if she attempts to make a single phone call, use whatever force is necessary. Notify the Chief of Police that I am filing charges for attempted murder and felony assault on a pregnant woman."
"Attempted murder?!" Isabella shrieked as Michael and another guard gripped her upper arms, effortlessly pinning her arms behind her back. Her expensive red dress twisted around her frame as she struggled against their grip. "Marcus, you can't do this to me! My father is your primary investor! If you lock me up, the Rossi Group will liquidate every single share of Thorne Enterprises by midnight! You'll be ruined!"
Marcus didn't even look at her as she was dragged out of the room, her high heels scuffing loudly against the hardwood floor, her screams fading down the private VIP corridor.
The moment the doors hissed shut behind her, Marcus dropped to his knees on the carpet, completely ignoring the shards of broken glass that sliced into the expensive fabric of his tuxedo. His hands were shaking violently as he reached out toward me, but he stopped short of touching me, as if terrified that his very presence would cause me more pain.
"Khloe..." he breathed, his voice raw, stripped entirely of the smooth arrogance he usually carried. "Khloe, look at me. I’m here. I’m right here. Don't close your eyes."
A searing, blinding pain tore across my lower abdomen, making me gasp for air. I tightly curled into a ball on the floor, my fingers digging into my white maternity gown, which was rapidly staining with a terrifying, deep crimson hue.
"The... the baby," I choked out, a tear spilling over my eyelid and mixing with the sweat on my forehead. "Marcus... he’s not moving. Please... help him."
"Medical team!" Marcus screamed toward the door, his composure breaking entirely as he saw the blood. "Get the Chief of Obstetrics up here right now! If anyone hesitates, I will burn this entire hospital to the ground!"
Within seconds, the room was swarmed by medical staff in blue scrubs. A gurney was pushed to my side, and I was carefully lifted onto it. As the world began to blur around the edges from the sheer agony and blood loss, I felt a strong, calloused hand wrap tightly around mine.
Marcus was running alongside the gurney as they pushed me toward the emergency operating theater. His face was pale, his eyes wide with a horrific realization that had come far too late.
"I've got you, Khloe," he pleaded, his voice cracking as he squeezed my hand. "I’m sorry. I’m so sorry. Just hold on. Please, just hold on for our son."
I looked up at the harsh fluorescent lights of the ceiling as the heavy double doors of the operating room swung open. Our son, he had called him. For months, Marcus had treated this pregnancy like a corporate obligation, a cold arrangement to secure his family’s legacy while he allowed Isabella to whisper poison in his ear. But as the darkness finally rushed in to swallow me whole, I knew one thing with absolute certainty: if my baby didn't survive this night, there would be nothing left of Marcus Thorne’s world to salvage.
