New Report Argues Public School Gender Policies That Exclude Parents Are Unconstitutional 
The Heritage Foundation report makes the case that public school gender policies that exclude parents are illegal.
Published June 17, 2024

A comprehensive report by The Heritage Foundation criticizes public school policies that exclude parents from critical decisions regarding their children’s gender identity. The report asserts that these policies, currently adopted by over 1,000 school districts, violate constitutional rights by infringing on parents’ fundamental liberty to direct their children’s upbringing and education. This liberty interest has been consistently upheld by the Supreme Court as crucial to the parent-child relationship.

Key Points from the Report:

1. Exclusion of Parental Consent: Many school policies require staff to acknowledge and support a student’s gender identity without informing or seeking consent from their parents. This approach, the report argues, disrupts the essential trust and communication between parents and their children, undermining the family unit.

2.Legal and Constitutional Concerns: The Heritage Foundation contends that these policies are unconstitutional as they interfere with parents’ rights to make important decisions about their children’s health and education. The report encourages parents to pursue legal challenges against such school policies and calls on state legislatures to pass laws safeguarding parental rights in education.

3. Children’s Maturity and Decision-Making: The report emphasizes that children and adolescents lack the maturity to make significant decisions independently. It points out that parents are best positioned to guide their children through complex issues, including gender identity, and that schools should not sideline parents in these matters.

4. Influence of Social Environment: The increase in gender dysphoria cases among young people is partly attributed to social influences within school environments. The report argues that isolating parents from these issues exacerbates the problem, making it harder for families to provide appropriate support and guidance.

5. Recommendations for Policy Changes: The Heritage Foundation advocates for greater transparency and parental involvement in schools. They recommend that schools adopt policies that require parental notification and consent for any decisions related to a student’s gender identity. Additionally, they urge lawmakers to enact protective measures that reinforce the constitutional rights of parents.

The Heritage Foundation’s report calls for a reevaluation of current school policies on gender identity to ensure they respect constitutional protections and uphold parental authority. It stresses the importance of maintaining an open dialogue between parents, children, and schools to foster a supportive and legally sound educational environment. 

The full report can be accessed here.