Monday Briefing: Navigating the National Debate on Parents' Rights in Education

In January 2023, the New York legislature passed a proposed Equal Rights Amendment (ERA) for the second time, setting a ballot date for November 2024. The amendment seeks to ban discrimination based on various identifiers including sex, sexual orientation, and gender identity, among others. Proponents emphasize its potential to enhance abortion access post-Roe v. Wade. Critics, however, argue that the ERA could also advance gender ideology and weaken parental rights by enabling minors to access gender-affirming treatments without parental consent. They express concern that this could include treatments as significant as puberty blockers and genital surgery, facilitated by a broad interpretation of "person" in existing laws which include minors. Critics urge public awareness of these implications before the vote.

The Louisiana House Committee on Education recently advanced House Bill 121, termed the "Given Name Act," which mandates the use of transgender and nonbinary students' birth names and pronouns in public K-12 schools, barring written permission from parents. This bill, passed along a 9-3 party-line vote, also allows school employees to refuse using certain pronouns contrary to their religious or moral beliefs. Further, it includes provisions for parents to request a teacher transfer if there's a disagreement on pronoun use based on teacher's convictions. The bill has been amended and progresses through the House, urging public engagement and monitoring.

In Montana, a lawsuit has been filed by students, educators, and organizations challenging the 2021 law mandating parental notification 48 hours before discussing "human sexuality" in schools. The plaintiffs argue the law is vague, stifling free speech and educational quality, and threatens privacy and due process rights under the state Constitution. They contend the law prevents open dialogue on topics like gender identity and sexual health, limiting educational opportunities and potentially exposing LGBTQ+ students to further discrimination and bullying. Montana's government defends the law as protecting parental rights to oversee their children's exposure to sexually explicit content.