States Unite to Defend Parental Rights in School Gender Transition Case
A coalition of nearly two dozen states has filed an amicus brief in support of a Florida family embroiled in a legal battle with their local school district over the alleged secret social transition of their 13-year-old daughter. The case, involving January and Jeffrey Littlejohn, parents residing in Leon County, Florida, centers around accusations that school officials engaged in private meetings with their child, discussing the use of a new name and pronouns without parental knowledge or consent.
The legal challenge gained momentum following a ruling by a three-judge panel from the 11th U.S. Circuit Court of Appeals in Atlanta, which sided with the school district. The court, in a 2-1 decision on March 12, determined that school officials did not act with the intent to injure or force the child to attend a student support plan meeting, thereby failing to meet the stringent "shock the conscience" standard.
Undeterred, the Littlejohns have appealed the decision, urging the full court to hear their case. The "shock the conscience" standard, often invoked in due process cases, refers to actions that are deemed egregious and unjust, violating fundamental principles of fairness and decency.
The Liberty Justice Center, along with the Wisconsin Institute for Law & Liberty and Dr. Erica Anderson, Ph.D., has also filed a brief in support of the parents’ position. Emily Rae, senior counsel at the Liberty Justice Center, emphasized the growing concern surrounding parental notification policies, or the lack thereof, in schools across the country. Rae noted that numerous cases at both the state and federal levels are grappling with this issue, attempting to define the boundaries of parental rights in such situations.
The states attorneys general, in their amicus brief, characterized the court’s decision as "disastrous for parents everywhere." The coalition of states includes Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, Texas, South Carolina, South Dakota, Virginia, West Virginia, and Arizona.
The states attorneys general argue that deliberately withholding critical information about a student’s supposed medical treatment from parents violates their fundamental rights. They contend that such actions are not only disturbing but also constitutionally intolerable. Georgia Attorney General Chris Carr emphasized that parents, not the government, are best equipped to make decisions for their children, vowing to stand for parental rights and Georgia families.
The Liberty Justice Center, in collaboration with the Wisconsin Institute for Law & Liberty and Anderson, asserts that school officials lack the expertise to facilitate a student’s transition. They argue that teachers and school officials should not be involved in social transitions, treating minors as if they were the opposite sex in secret from their parents. The organizations maintain that such actions usurp parental authority and are "conscience-shocking."
January Littlejohn, who was a guest of President Donald Trump at his address to a joint session of Congress, stated that the school’s actions had a destructive impact on her entire family. She revealed that while her daughter ultimately worked through the gender confusion, the issue created a family rift that took years to mend.
The Leon County School District and Carr have not yet responded to requests for comment. The case has ignited a nationwide debate about the role of schools in matters of gender identity, particularly when it comes to parental involvement. Advocates for parental rights argue that parents have a fundamental right to be informed and involved in decisions regarding their children’s well-being, including those related to gender identity. They express concern that schools may be overstepping their boundaries by engaging in discussions or actions related to gender transition without parental consent.
Conversely, some argue that schools have a responsibility to create a safe and inclusive environment for all students, including transgender and gender non-conforming students. They contend that in some cases, involving parents may not be in the best interest of the child, particularly if the child fears rejection or abuse. They maintain that schools should be able to provide support and resources to students struggling with gender identity, even if parents are not fully supportive.
The Littlejohn case is one of many legal battles across the country that are testing the boundaries of parental rights and the role of schools in matters of gender identity. The outcome of these cases could have significant implications for students, families, and schools nationwide.
The case underscores the complex and sensitive nature of issues surrounding gender identity in schools. It highlights the need for clear and consistent policies that balance the rights of parents with the needs of students. It also underscores the importance of open communication and collaboration between parents, schools, and students to ensure that all children receive the support and resources they need to thrive.
