The U.S. Supreme Court has declined to hear an appeal from parents in Florida who sought to sue a public school district over its support for a student's gender identity. The justices turned away the case brought by January and Jeffrey Littlejohn, whose child self-identified as nonbinary while attending Deerlake Middle School in Tallahassee.
The parents argued that school officials created a 'covert gender affirmation plan' for their 13-year-old child in 2020 without their knowledge, violating their fundamental parental rights under the 14th Amendment. The school board had developed a guide in 2018 advising staff to seek a child's consent before notifying parents about gender identity disclosures, citing potential dangers.
A lower court dismissed the lawsuit, and the 11th U.S. Circuit Court of Appeals upheld that decision, ruling that the officials' actions did not 'shock the conscience' as required by precedent. The appeals court noted that the school did not force the child to take any course of action and acted without intent to injure, seeking instead to help the child.
The Supreme Court's decision not to hear the case follows similar rejections of challenges from Massachusetts, Wisconsin, and Maryland. The court has also recently addressed other transgender rights issues, including upholding a Tennessee ban on gender-affirming care for minors and appearing likely to uphold laws banning transgender athletes from female sports.
The Florida school board's guide has since been updated in line with a 2021 state law bolstering parental rights, now stating that information should not be withheld unless disclosure would result in abuse, abandonment, or neglect.
