Supreme Court passes on case over outing trans students

The U.S. Supreme Court has left in place a lower court decision granting schools discretion over whether they disclose to parents the name and pronouns a student uses.

A circuit court in Massachusetts previously ruled that teachers and school staff were not required to provide parents with the information, but parents Stephen Foote and Marissa Silvestri appealed the decision, arguing that the policies of Baird Middle School in Ludlow led their child to be transgender.

The student asked teachers to use a different name and pronouns at school while keeping that information from their parents. The student, who identified as genderqueer, said they were not ready to come out at home. Their parents sued, arguing the school violated their constitutional rights, but lower courts found that respecting the student’s request did not unlawfully interfere with parental authority.

On Monday, the Supreme Court declined to take up their appeal, leaving discretion over whether to disclose a student’s personal information in the hands of school staff and students themselves. The decision lets stand the lower court’s ruling without setting a nationwide precedent. In February, a federal appeals court also declined to take up the case.

On the same day, however, the justices agreed to hear a separate case out of Colorado that could determine whether religious schools participating in a publicly funded preschool program can refuse to serve children of LGBTQ+ parents, underscoring the court’s continued engagement with disputes over LGBTQ+ rights in education.

Related: The Supreme Court is taking up a case that could shut LGBTQ+ families out of preschool

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While the decision upholds some protections for trans youth in schools, it stands apart from other actions taken by the conservative-majority Supreme Court that have curtailed similar rights. In March, the court reinstated a district court order in California compelling schools to notify parents when their child comes out as trans.

Groups like Boston-based GLAD Law, an LGBTQ+ legal center, said the court’s decision will help students feel safer and more comfortable in their classrooms.

Related: Conservative Supreme Court justices curb California’s effort to shield transgender students from forced outing

Related: Supreme Court allows Maryland parents to opt their kids out of LGBTQ+ lessons in schools

“When teachers acknowledge and respect students, including using students’ requested names and pronouns, it creates safety that allows learning to flourish,” said GLAD Law Senior Staff Attorney Chris Erchull in a press release Monday. “Supporting students means taking their specific circumstances into consideration, including the student’s age and concerns about abuse or rejection, and empowering them to share important parts of themselves with their families on their own terms.”

This article was written as part of the Future of Queer Media fellowship program at The Advocate, which is underwritten by a generous gift from Morrison Media Group. The program helps support the next generation of LGBTQ+ journalists.