A couple from Adams County is taking legal action against the State of Colorado, the Department of Education, and the 27J School District.
According to reports, the parents of a transgender child have filed a lawsuit against a hospital, alleging that their child’s constitutional rights were violated when the hospital encouraged the child to transition to a different gender without their knowledge or consent.
The focus is on a recently implemented state law mandating schools to use the chosen name and pronoun of students who are transitioning to a different gender. Moreover, the 27J Schools have a policy in place that restricts high schools from disclosing information to parents without the consent of the student. This policy is in place to ensure that students are not put in harm’s way.
According to the lawsuit, the parents of a 14-year-old daughter, referred to as John and Jane Doe, strongly believe that they have the right to be informed about their child’s struggles with depression and anxiety. Their daughter had confided in a counselor at Brighton High School, disclosing her feelings of transgender identity. However, the parents claim that not only should they have been notified about their daughter’s struggles, but they also have a right to be informed about them.
According to the parents, the counselor advised their daughter to adopt a non-female name and use corresponding pronouns at school. The counselor also suggested that their child receive mental health treatment through the i-Matter state portal, where a therapist discussed hormone therapy and a mastectomy.
Eric Sell, one of the attorneys representing the parents, revealed that the whole ordeal occurred behind closed doors for several months without the knowledge of their clients.
According to Sell, the current state law and school policy are in violation of the constitution. He argues that parents have the right to be informed and to give consent to any treatment the government is providing. He believes that schools should not be providing such treatment on an ad hoc basis at the child’s direction.
The crux of the legal case is centered around the Fourteenth Amendment. As per the complaint, this amendment safeguards the parental rights to “direct and control the upbringing of their children,” which includes making decisions about treatments that can have long-lasting implications on their lives.
The First Amendment asserts that individuals have the right to maintain family relationships without unwarranted interference from the state.
According to John McHugh, a legal expert who focuses on LGBTQ cases, children also have rights that should be respected. McHugh points out that various courts throughout the country have acknowledged that students possess privacy rights, including the right to withhold specific information from their parents.
According to Mardi Moore, who works with Rocky Mountain Equality, an LGBTQ non-profit organization based in Boulder, divulging such information can potentially jeopardize the safety of children. Moore emphasizes that not all parents are equipped to handle this type of news, and some kids may be put in harm’s way if their sexuality or gender identity is revealed at home. In her words, “Kids are already at risk within their households, so why add on to that risk and cause more harm?”
According to Sell, parents who pose a risk to their child can already be addressed through an existing process. “It’s important not to completely exclude parents from the process if their behavior doesn’t warrant involvement from child services,” he explains.
The privacy of gender-transitioning students would be affected solely if the lawsuit turns out to be successful.
According to McHugh, it is discriminatory to have a rule that only requires transgender students to disclose certain information while allowing other students to not disclose it. “You cannot single out transgender students and mandate that they disclose this type of information while allowing others to keep it confidential,” she argues.
The lawsuit states that the 16-year-old girl had a change of heart after consulting with a private therapist and now wishes to identify as female once again, regretting her previous desire to transition to a different gender.
In federal court in Denver, a lawsuit has been filed by Gessler Blue LLC and the Center for American Liberty. Scott Gessler, a former Republican Secretary of State in Colorado who previously represented former President Donald Trump in Colorado’s ballot access case that reached the U.S. Supreme Court earlier this year, is involved in the lawsuit.
Harmeet Kaur Dhillon, National Committeewoman of the Republican National Committee for California, established the Center for American Liberty, a conservative non-profit organization.
