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Legal Battle Ignites Over Parental Rights and Gender Identity in Arizona's Largest School District

Teacher showing Pride flag to child in the classroom. (Credit: Jeff Charles via AI/MidJourney)

Another school district is being sued after imposing a policy requiring teachers and other members of staff to assist young students suffering from gender dysphoria in “transitioning” to the opposite sex. America First Legal has filed a lawsuit against Mesa Public Schools (MPS), Arizona’s largest school district, and if the outcome goes in its favor, it could have consequences for other districts employing these policies.

The lawsuit alleges that MPS is instructing students on how to assert a different gender identity at school without the knowledge and consent of their parents.

If this claim is proven, it means the district is flouting state law and the district’s own rules. The plaintiffs also allege that the district is violating the Arizona Parents’ Bill of Rights.

Arizona's largest school district is flouting state law and its own governing board by covertly instructing students how to assert a different gender identity at school without their parents knowing and hiding evidence of its misdeeds, according to an outspoken member of the board.

Former President Trump aide Stephen Miller's America First Legal is representing Rachel Walden in her Maricopa County Superior Court lawsuit against Mesa Public Schools and Superintendent Andi Fourlis, which alleges they schemed to circumvent the Arizona Parents' Bill of Rights after the community learned it was blocking parental notification.

Walden also claims the board "never voted to adopt or authorize" the contested gender transition policy, whose heading is dated August 2015, "or any of its constituent elements," which additionally determine access to restrooms, locker rooms, field trips, "overnight trips" and "gendered activities" such as sports.

While the transgender policy created eight years ago initially required parental consent, it was revised at some point to be "explicit and in writing" that students can veto even notification, according to the suit.

The revision, according to the lawsuit, allows students to veto the notification of their parents about their gender identity at school. America First Legal says the current policy form mandates parental notification only after the student begins socially transitioning. However, the organization argues that this rule violates Arizona law.

The policy directly violates multiple statutes, especially Arizona’s Parents’ Bill of Rights, which recognizes and protects the “fundamental right” “of parents to direct the upbringing, education, health care and mental health of their children.” The policy also violates many other statutes, such as the requirement that “parents will be notified in advance of … any instruction … or presentations regarding sexuality,” and the requirement that parents provide consent before any “mental health screening in a nonclinical setting or mental health treatment on a minor.”

In a brazen lack of respect for democratic principles, MPS maintains this policy of parental non-notification and facilitation of sex transition even though the elected MPS governing board has never voted to adopt any such policy and even though state law only allows a school district governing board to adopt “policies and procedures to govern the schools.”

The lawsuit also highlights an email from a junior high school counselor instructing staff members not to disclose information that could reveal a student's transgender status, meaning that parents of children suffering from gender dysphoria might not be aware of their struggles until it is too late. This exemplifies the covert nature of the policy, which is intended to keep parents in the dark.

MPS’ policies have been questioned by the state Department of Education for other reasons as well. Allegations that the district trains teachers to promote belief in systemic white supremacy have only added to the line of controversies facing its administration.

This lawsuit is significant not just for its immediate implications but also for the potential to set an important precedent. At a time when other districts are facing lawsuits for similar policies, a favorable ruling for the plaintiff might make it easier for other parents to strike back at those attempting to indoctrinate children and push them into other gender identities.

Hopefully, the plaintiff does win this lawsuit. While public pressure and legislation might help to address the issue somewhat, hitting these entities where it hurts is likely the most powerful method of getting them to stop violating parental rights. Lawfare will likely become the most lethal weapon against gender ideology in the classroom, and this lawsuit might become an important factor in stopping progressives from pushing their beliefs on American children.

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