OPINION: The Fight For Parental Rights In Nevada’s Schools Is Just Beginning

A wise professor once told me “Never mistake law for justice. Justice is an ideal and law is a tool.” Those words rang true this week as I made my way back from oral arguments in the San Francisco Ninth Circuit Court of Appeals in the case of Doe vs WCSD.

On the table was Washoe County School District’s (WCSD) Administrative Regulation 5161 (see below) which establishes guidelines around the treatment of transgender and gender non-conforming students in WCSD. In part, the regulation prohibits teachers from disclosing the gender identity of gender non-conforming students to their parents and allows WCSD to discipline a student for misgendering another student at school. A similar regulation exists in Clark County School District (CCSD).

Circuit courts have been rendering parental secrecy regulations unconstitutional in school districts across the country, so the table could not have been better set to win on the merits of the case. But, less than three minutes into my opening statement, I knew the panel of three Trump-appointed judges were inclined to rule that my client, a parent of a middle-school boy, didn’t have standing to bring action against WCSD.

With no official decision yet, I believe my instinct is spot on. But, the law is never about justice, they are mutually exclusive ideologies; and, when the law does not allow my client relief, justice has to.

While the institution of the family is deeply rooted in our nation’s traditions, and the oldest fundamental liberty of parents is the care, custody and control of their children, my client did not likely meet the requisite legal standards to challenge WCSD Regulation 5161.

Courts have previously ruled that parents are the best protectors of their children, and parents have a natural right and duty to provide for their children’s care and wellbeing. In summary, children are not mere creatures of the state, therefore, the presumption that fit parents act in the best interest of their children is one that is difficult to overcome.

As we know, parental rights are inextricably connected with parental responsibilities. Yet, what haunts me about this subject matter is the delusional moral authority Nevada’s school districts believe they have over our children.

Despite the outcome of this case, parents must know what their children are exposed to at schools in CCSD and WCSD and what these districts are hiding from parents.

Parents must know that there is an active movement to label them as an impediment to their child’s education and upbringing and isolate them from their children. 

Parents must know that WCSD and CCSD are actively seeking to undermine parental authority by engaging in secrecy as to their own child’s gender identity.

Parents must know that school districts are seeking to pit their child against them by sending a clear message through these policies that a parent’s authority is neither wanted, needed, or welcomed by these school districts.  

It is irrefutable that parents possess what a child lacks in maturity, experience and capacity for judgment required for making life difficult decisions. As courts have ruled against execution of juvenile offenders, even the worst ones, courts have determined that juveniles have diminished culpability, are vulnerable to influence, and susceptible to immature and irresponsible behavior.

A child who uses new pronouns when they identify as transgender is a form of psychosocial treatment that aims to reduce gender dysphoria. Gender dysphoria is a medical diagnosis which parents are entitled and legally required to know about. Parental involvement in these decisions and the mental health of their child are a critical part of the diagnostic process.

As a lawyer, I am imbued with moral and ethical obligations outside the courtroom that often intersect with real life circumstances. As parents, it is incumbent on all of us to ensure that we instill in our children strong morals and ethics that are not compromised by politically-driven ideologies perpetuated by educators and school district administrators.

In this day and age, where parental rights are so readily marginalized by school districts, it is imperative for every parent to know what policies, procedures and regulations our school districts have enacted.

Parents must get involved and ask questions, for as Benjamin Franklin said, “Justice will not be served until those who are unaffected are as outraged as those who are.”