by Linda R. Killian, American Thinker:
Parents’ efforts to assert their fundamental right to direct the care and upbringing of their minor children in the face of public schools’ relentless efforts to lure and indoctrinate vulnerable children into gender confusion are at a critical juncture. In multiple state and federal lawsuits, parents are making compelling constitutional and factual arguments against ludicrous claims by progressive school districts and states that the schools must protect the fabricated “right” of minors to change their sex by withholding parental notification.
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At the same time, the aggressive and sometimes violent demonstrations following Hamas’s October 7 attack on Israelis have awakened many previously oblivious Americans to the realization that the progressive agenda is unmoored and dangerous extremism.
As litigation progresses into 2024, the righteousness of parents’ legal position, coupled with growing public fears of the consequences of progressive ideologies, may combine to topple sex change indoctrination. The policy decisions of progressive politicians and unelected bureaucrats will be detailed in court and exposed as well beyond the boundaries of established educational practices.
There are now federal lawsuits pending in New Jersey, Massachusetts, and California, and state-level actions in New Jersey and California. Parents are arguing 14th Amendment due process rights, while the states are asserting civil rights of minors.
The federal lawsuits have the Constitution, millennia of Judeo-Christian heritage of the unparalleled importance of the family as the essential building block of civil society, and a long history of Supreme Court rulings affirming the liberty interests of parents. In contrast, the states offer a specious defense that it is necessary to withhold information to protect a child from parents who might disapprove of a minor’s “gender change,” while at the same time disingenuously claiming that the state respects the need for parents to be informed about their children.
The current state of litigation illustrates the strength of parents’ fundamental liberty interests to direct the care, custody, and control of their children’s health care. There is a wealth of Supreme Court decisions supporting the right of parents to make decisions for their minor children, most importantly Troxel v. Granville, in which Justice Sandra Day O’Connor wrote, “The interest of parents in the care, custody and control of their children — is perhaps the oldest of the fundamental liberty interests recognized by the Court.”
In Massachusetts, an appeal on the 14th Amendment due process argument (Foote v. Ludlow School Committee) was argued in October 2023 at the First Circuit Court after a District Court judge refused to consider the due process argument in a December 2022 ruling.
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