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EN
Parents' Free Exercise Claim Against School for Referring to Student by "Preferred Name[] and Gender Pronoun[]" Can Go Forward
['Eugene Volokh', 'Charles Oliver', 'Hunt Beaty', 'Elizabeth Nolan Brown', 'Peter Bagge', 'C. Jarrett Dieterle']
Reason.com
Back to today's decision:In March 2026, the United States Supreme Court issued an opinion in Mirabelli v. Bonta (2026) (per curiam), a case involving similar facts and a free exercise claim.
Second, the policies in this case are unlike policies that the Supreme Court did violate a parent's free-exercise rights.
When a student engaged in gender transitioning at school, the policy prevented school staff from telling the student's parents about their child's situation unless the student consented….
The Supreme Court found that the parent-plaintiffs demonstrated a likelihood of success on the merits for the purpose of a stay pending appeal.
So, in light of Mirabelli, the Meads have stated a claim for a violation of the Free Exercise Clause ….