For Immediate Release

Young people deserve safe school environments where they can learn about the world and themselves. On Monday, the Supreme Court issued a cursory, unsigned order in Mirabelli v. Olson that severely undermines this ideal. The court’s order will make schools less safe for transgender and questioning students by requiring school staff to out some students to their parents, before the Ninth Circuit has had a chance to rule on the case. 

NCYL stands in solidarity with every young person impacted by the Supreme Court’s order.

“Like all young people, transgender and questioning students deserve to figure out who they are on their own terms, with the support of adults they trust, and in inclusive, supportive communities,” said Kamala Buchanan-Williams, a NCYL attorney. “Ideally, all youth should be able to go to their families immediately when they start to have questions, but when they can’t or aren’t quite ready, youth must feel safe getting support from other trusted adults. Families, too, deserve to navigate their children’s gender identities together and without unnecessary state intervention.”

California law gives school officials the discretion to honor a student’s request for confidentiality when a student desires to use a new name or pronouns at school. Monday’s Supreme Court order strictly curtails this discretion. It is contrary to the reasoning of every circuit court to decide upon this question.

The risks of the Supreme Court’s order cannot be overstated. The order sows distrust between schools and families, drives a wedge between students and their parents, and violates the privacy of students who are brave enough to come out at school. It will erode trust between students and school staff and lead to educational disruption for transgender and questioning students. No matter how the Ninth Circuit ultimately rules on the merits of this case, young people will have been harmed awaiting that ruling due to the Supreme Court’s action on its shadow docket. 

At NCYL, we believe all youth deserve to write their own stories. We will always advocate for young people’s rights to privacy, autonomy and self-determination and will continue to stand with transgender youth fighting for their right to be themselves.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.