In November 2022, 18 states and 47 advocacy organizations filed amicus (“friend of the court”) briefs in the U.S. Court of Appeals for the Eighth Circuit supporting Parents Defending Education in its lawsuit against Iowa’s Linn-Mar Community School District. Here is what the brief from Montana and 17 other states said about how the district’s policy violates parents’ fundamental right to direct the upbringing of their children:
Linn-Mar’s policy violates parents’ fundamental right “to direct the upbringing of their children”— “perhaps the oldest of the fundamental liberty interests recognized by [the Supreme] Court.” Troxel, 530 U.S. at 65. The policy inflicts an immediate and irreparable harm on parents by withholding information about whether their child has taken any action concerning his or her gender identity, leaving parents completely in the dark about their child’s mental and emotional well-being. And this is no isolated occurrence: school districts across the country have adopted similar policies under the mistaken belief that to do otherwise would violate federal law.
Brief Of Amici Curiae State Of Montana And 17 Other States Supporting Plaintiff-Appellant
Read the briefs below:
