Sarah Parshall Perry

Judge Conti wrote:

“In elementary school, it is constitutionally impermissible for a school to provide teachers with the unbridled discretion to determine to teach about a noncurricular topic—transgender identity—and not to provide notice and opt out rights based on parents’ moral and religious beliefs about transgender instruction, while providing notice and opt out rights for other sensitive secular and religious topics.”

Judge Conti found that the school had violated:

  • The parents’ 14th Amendment parental rights & familial privacy rights;
  • The parents’ 14th Amendment Equal Protection rights;
  • The parents’ 14th Amendment Due Process rights; and
  • The parents’ 1st Amendment free exercise rights.