No. 23-601

John and Jane Parents 1, et al. v. Montgomery County Board of Education, et al.

Lower Court: Fourth Circuit
Docketed: 2023-12-05
Status: Denied
Type: Paid
Amici (10)Response RequestedResponse WaivedRelisted (5) Experienced Counsel
Tags: civil-rights constitutional-rights due-process gender-transition injunctive-relief parental-rights policy public-school school-policy standing standing-doctrine
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-05-16 (distributed 5 times)
Question Presented (AI Summary)

When a public school, by policy, expressly targets parents to deceive them about how the school will treat their minor children, do parents have standing to seek injunctive and declaratory relief in anticipation of the school applying its policy against them?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Like a multitude of other school districts across the nation, the Montgomery County (Md.) Board of Education (“MCBE”) has recently adopted a policy that requires school employees to hide from parents that their child is transitioning gender at school if, in the child’s or the school’s estimation, the parents will not be “supportive” enough of the transition. Petitioner Parents claim this “Parental Preclusion Policy” violates their fundamental rights to direct the care and upbringing of their children. The district court dismissed for failure to state a claim. The Fourth Circuit, over a dissent, dismissed on standing grounds. The questions presented are: 1. When a public school, by policy, expressly targets parents to deceive them about how the school will treat their minor children, do parents have standing to seek injunctive and declaratory relief in anticipation of the school applying its policy against them? 2. Assuming the parents have standing, does the Parental Preclusion Policy violate their fundamental parental rights? (ii)

Docket Entries

2024-05-20
Petition DENIED.
2024-05-13
DISTRIBUTED for Conference of 5/16/2024.
2024-05-08
Rescheduled.
2024-05-06
DISTRIBUTED for Conference of 5/9/2024.
2024-04-25
Rescheduled.
2024-04-22
DISTRIBUTED for Conference of 4/26/2024.
2024-04-18
Rescheduled.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-03-25
2024-03-18
Brief of respondents Montgomery County Board of Education, et al. in opposition filed.
2024-01-18
Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2024.
2024-01-17
Motion to extend the time to file a response from February 15, 2024 to March 18, 2024, submitted to The Clerk.
2024-01-16
Response Requested. (Due February 15, 2024)
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2024-01-04
Brief amicus curiae of National Association of Parents, Inc. dba ParentsUSA filed.
2024-01-04
2024-01-04
2024-01-04
2024-01-04
2024-01-04
2024-01-04
2024-01-04
2024-01-04
Brief amici curiae of Jewish Coalition for Religious Liberty, et al. filed.
2024-01-04
Waiver of right of respondents Montgomery County Board of Education, et al. to respond filed.
2023-12-12
Brief amicus curiae of Institute for Faith and Family in Support filed.
2023-11-13
Petition for a writ of certiorari filed. (Response due January 4, 2024)

Attorneys

America First Legal Foundation
Reed Darrow RubinsteinAmerica First Legal Foundation, Amicus
Reed Darrow RubinsteinAmerica First Legal Foundation, Amicus
American Center for Law and Justice
Jay Alan SekulowAmerican Center for Law and Justice, Amicus
Jay Alan SekulowAmerican Center for Law and Justice, Amicus
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
John Allen EidsmoeFoundation for Moral Law, Amicus
Goldwater Institute
Timothy Mason SandefurGoldwater Institute, Amicus
Timothy Mason SandefurGoldwater Institute, Amicus
Institute for Faith and Family in Support
Deborah Dewart — Amicus
Deborah Dewart — Amicus
Jewish Coalition for Religious Liberty, American Hindu Coalition, Islam and Religious Freedom Action Team, Christian Legal Society, and Ethics and Religious Liberty Commission
Kelly J. ShackelfordFirst Liberty Institute, Amicus
Kelly J. ShackelfordFirst Liberty Institute, Amicus
John and Jane Parents 1, et al.
Frederick W. Claybrook Jr.Claybrook, LLC, Petitioner
Frederick W. Claybrook Jr.Claybrook, LLC, Petitioner
Montgomery County Board of Education, et al.
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Respondent
National Association of Parents, Inc. dba ParentsUSA
David Stanley DeLugasNational Association of Parents, Inc., Amicus
David Stanley DeLugasNational Association of Parents, Inc., Amicus
S. Ernie Walton and Eric DeGroff
Christopher Theodore HolingerRobertson Center for Constitutional Law, Amicus
Christopher Theodore HolingerRobertson Center for Constitutional Law, Amicus
State of West Virginia and 16 Other States
Michael Ray WilliamsOffice of the West Virginia Attorney General, Amicus
Michael Ray WilliamsOffice of the West Virginia Attorney General, Amicus
The Liberty Justice Center, Wisconsin Institute For Law & Liberty and Dr. Erica Anderson.
Jacob H. HuebertLiberty Justice Center, Amicus
Jacob H. HuebertLiberty Justice Center, Amicus