New California Law Violates Constitution, Parental Rights

On Monday, July 15, California Governor Gavin Newsom signed into law Assembly Bill 1955, ironically titled the Support Academic Futures and Educators for Today’s Youth (SAFETY) Act, to prohibit schools from informing parents when their minor children seek to change their pronouns and gender identities at school.

Apparently, constitutional law is not the governor’s forte.

“The liberty interest…of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court,” Justice Sandra Day O’Connor wrote for the plurality in the Supreme Court’s Troxel v. Granville decision, 530 U.S. 57 (2000). Yet, Newsom seems not to have heard of it.

By keeping parents in the dark about a child’s mental and physical health and forcing schools to take on vital life-changing decisions for minors, this act clearly violates the 100 years of Supreme Court precedent to which the Troxel decision refers. As a result, California’s children are placed at risk, as those who know and love them best are prevented from defending, protecting, and supporting them in their time of greatest need.

Unlike Governor Newsom and the California legislature, the Supreme Court has historically recognized that parents provide what children lack in their ability to make sound judgments regarding their need for care.

“Most children, even in adolescence, simply are not able to make sound judgments concerning many decisions, including their need for medical care or treatment. Parents can and must make those judgments.” Parham v. J.R., 442 U.S. 584 (1979) at 603.

This would include whether a child needs social transitioning or another form of treatment when they feel that their body does not match their perceived identity.

According to an article at NBC News, “Proponents of the ban say it will protect transgender and gender-nonconforming students who live in unwelcoming households.” 

While this may be the strongest and most reasonable argument for the law, the Supreme Court has already answered this in Parham, too: “The Statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.” ibid.

Fortunately for the children of California and for the rights of families nationwide, this fight is far from over.

The new law has reportedly already spurred billionaire Elon Musk to move his business ventures from the Golden State to Texas. But the fall-out won’t stop there and will be most clearly seen in the courts.

Months before the law was signed, the California Attorney General’s Office had already filed suit against the Chino Valley Unified School District over its new policy requiring that parents be informed before the school undertakes social transitioning as a form of mental health treatment.

But now, the passage of this law gives the Chino Valley Unified School District standing to counter-sue the state of California, which they did on Tuesday, claiming the law forces the school district to violate the Constitution and parents’ fundamental rights.

I anticipate additional lawsuits, as well, as other school districts join Chino Valley in pushing back and as parents demand that their rights be respected.

Given the Supreme Court’s extensive and consistent precedent, I am cautiously optimistic (and fervently praying) that the case will not result in any finding that allows government agents to keep parents in the dark while the State decides the right care and treatment for their minor child. 

Still, it may take several appeals to reach that point.

That’s why the Parental Rights Foundation stands poised to weigh in with amicus briefs or other forms of support to make sure the courts trying these cases know the extensive Supreme Court precedent protecting families. And you can empower our vigilance with your gift today at ParentalRightsFoundation.org/donate.

Together, we will push back against the State’s efforts to cut parents out of their children’s most vital, life-changing healthcare decisions.