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The New Hampshire Supreme Court has upheld a Manchester school district policy that allows schools to keep parents unaware of their children’s gender transitions.

This ruling goes against fundamental parenting rights and conveys a dangerous message: that schools can prioritize the “rights” of students over the rights of parents to understand and participate in their children’s lives.

The court’s decision is part of the case Jane Doe v. Manchester School District, where the justices concluded that the policy does not violate parental rights.

The lawsuit involves a challenge to a policy implemented by the Manchester School District regarding the rights of transgender and gender-nonconforming students.

The plaintiff, known only as Jane Doe, who is the parent of a minor child (M.C.) enrolled in the district, argued that the district’s policy violated her constitutional rights as a parent by potentially allowing the school to withhold information about her child’s gender identity from her.

The policy allows students to keep their transgender status or gender nonconforming presentation private and requires school personnel to avoid disclosing this information to others, including parents, unless the student consents or it is legally required.

The plaintiff discovered that her child was being addressed by a name and pronouns different from those assigned at birth, which the school had not disclosed to her due to the policy.

The lawsuit sought a declaratory judgment that the policy violated her constitutional rights, was beyond the school’s legal authority (ultra vires), and violated federal laws like FERPA and PPRA.

The court dismissed the parent’s claims in a closely scrutinized 3-1 decision under the leadership of Chief Justice Gordon MacDonald, concluding that the policy did not violate a fundamental right and did not require strict scrutiny because it had survived a rational basis review.

According to the ruling, “While parents may have a fundamental right to decide whether to send their child to a public school, they do not have a fundamental right generally to direct how a public school teaches their child. Whether it is the school curriculum, the hours of the school day, school discipline, the timing and content of examinations, the individuals hired to teach at the school, the extracurricular activities offered at the school or, as here, a dress code, these issues of public education are generally “committed to the control of state and local authorities.”

The justices stated that the policy does not prevent parents from observing their children’s behavior or engaging in conversations with them.

The court wrote, “[The Policy does not prevent parents from observing their children’s behavior, moods, and activities; talking to their children; providing religious or other education to their children; choosing where their children live and go to school; obtaining medical care and counseling for their children; monitoring their children’s communications on social media; choosing with whom their children may socialize; and deciding what their children may do in their free time. In short, the Policy places no limits on the plaintiff’s ability to parent her child as she sees fit.”

However, the argument is deeply flawed. Simply observing behavior cannot replace being well-informed about crucial aspects of a child’s life, such as their gender identity.

Parents should not have to act as detectives to understand their children’s experiences; they deserve openness and trust from educators.

In a dissenting view, Justice Countway contended that strict scrutiny should apply, as the policy infringes on parents’ fundamental right to make decisions about their children’s care and custody. Justice Countway believed that the policy’s insistence on non-disclosure, even in response to a direct parental inquiry, places a significant burden on parental rights.

The trial court erred in dismissing the plaintiff’s claims without applying strict scrutiny. The Court’s ruling sends a clear message: parents no longer have the right to be informed about their children’s lives if the state deems it “inappropriate.”

This type of government intrusion is not just an affront to parental rights; it is a direct assault on the family unit itself.

 

Doug Goldsmith

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24 comments

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  • Gordon MacDonald along with the school board and all officials behind this travesty are directed by Satan!

    Matthew 18:5-7 “And whoever welcomes a little child like this in My name welcomes Me. 6But if anyone causes one of these little ones who believe in Me to stumble, it would be better for him to have a large millstone hung around his neck and to be drowned in the depths of the sea. 7Woe to the world for the causes of sin. These stumbling blocks must come, but woe to the man through whom they come!”

  • I find it amazing that a court would deprive parents of the right to deal with sexual confusion as the parents see fit, with the advice of their doctor as they see fit. Experts are not God nor is the Court. We have these adults in school grooming children to be sexually confused and this court full of imbeciles approves it.

    • You’re right and this absolutely should not be happening! Communist China or North Korea yes all the time the State controls the children’s lives! So what does this tell us has happened and is happening in America! Going down fast!

  • What’s happening to the beautiful New England States they are producing ugly authoritarian policies. I use to live in NH and their licence plates say “Live Free or Die” Shame on these schools and Judges acting in bad behavior. I would just remove my child from those schools If they refuse to ignore or respect Parents care for their own Sons and daughters! When these transgenders go side ways then who responsibility is it (The parents) so the schools wrong decision is going to hand the parents back a messed up kid.

  • so, if I don’t have parenting rights in this, then I guess the school can house, feed and clothe the youth.
    I am no longer responsible enough to make any decisions in my children’s life.
    Guess they can buy the 1st car, pay for and get health insurance and get them to appointments.
    And they wonder my homeschooling is getting so popular.

  • It’s science. Gender is not assigned at birth; it is set irrevocably at conception. Cut off whatever, sew on whatever, dress however you like, change your name; unless you can change chromosomes, you cannot change gender. Read a book.

  • I see why the perverts get away with this, just look at the comments here, bunch of weak simps, asking why. Vigilant justice is what the fuck should happen

    • The State does not have the right unless it’s a dictatorship and not the Constitutional Republic that the United States of America is supposedly!

  • Fk these sorry a=s scumbags, the kids dads need to go and knock everyone of these sorry a=s b=st=rds brains out.

  • Both my son and daughter-in-law, and daughter and son-in-law are homeschooling their children this year. My son and his wife gave the public schools a chance even enrolling their children in a charter school which proved to be no better than the regular public school they’d been going to. They live in Texas. My daughter and son-in-law homeschooled their son from the beginning. They live in Maine. It seems there is no safe place for our children in public education any longer. I thought better of NH. Big disappointment there.

    • I agree Barbara! The children are not being protected at all and its all about indoctrinating them these days which is evil and communist! Look what sort of despots have been in the top executive positions in the federal government and that says it all!

      I’m including this long commentary made in another article which pertains to the overwhelming problem this administration and our Congress has created and the lack of accountability is throughout from the Federal Government on through all the public schools and colleges! They are not protecting our entire nation now!

      The US Constitution clearly states how the Sworn Oath of the President and Military are obligated to protect the American Citizens from any and all foreign threats and with that they must preserve our national Sovereignty and the Borders! We the People are being Screwed six ways to Sunday by this administration and all of the obligated officials sworn by oath to Protect us are TRAITORS and should be in GITMO! They are Marxist lying enemies within!

      “The U.S. Constitution deals with invasion of our sovereign territory in a number of places.

      Article I, Section 10 asserts that “No State shall, without the Consent of Congress…keep Troops, or Ships of War in time of Peace…or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

      Article IV, Section 4 states that “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion…”

      There can be no argument that southern states of the United States are under invasion. One may credibly argue that the rest of the U.S. is under invasion as well, given that illegal aliens by the hundreds of thousands are transported at U.S. government expense (aka taxpayer expense) to every other state in the Union. There can be no argument that the U.S. federal government, including the Department of Homeland Security, under the Biden administration is not fulfilling its Constitutional obligations to protect the homeland from invasion.

      There is one more clause in the U.S. Constitution that applies in such a situation. It is Article II, Section 3, which makes the President of the United States the senior law enforcement official in the country. It asserts that “he shall take Care that the Laws be faithfully executed”…which obligation this President willfully has abrogated.

      Article II, Section 4 follows and provides the Constitutional remedy in such situation: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors“.

      Failing utterly and willfully, as a matter of actual policy, to defend the States of this Union from invasion surely must rise to the level of “high Crimes and Misdemeanors”.

      #DefendtheBorder #EveryStateABorderState #SecureBordersSavelives

      Sources Referenced Below:

      The Constitution of the United States of America
      ccnationalsecurity.org/defend-the-border-its-in-the-u-s-constitution/

  • I can’t believe The Supreme Court would do that! What kind of people are they? Withholding information from parents is reprehensible. If the people of New Hampshire don’t speak up and oppose and vehemently protest the court’s ruling, they deserve to have the despicable kind of government ruling over their lives. You elected these Marxists fools!

    • Sheldon you are correct and the long comment I just left is pointing out how failed our entire government is right now; I say we are on the precipice of complete collapse and for years I saw it coming with many Democrat Marxist politicians down in Central and South America holding hands with dictators Harris did that when she was appointed the Border Czar and spent all of her free time which is all down there in those dictatorship nations setting us the people up; while they were imploding our system to replace it with Communism!

      I had written many times how all one need do is examine Venezuela and its decline over the last couple of decades to see what is coming to America; and now it is here, the prisoners from the worst prisons from there and millions of other undesirables including the worst organized crime gangs now taking over apartment complexes in Colorado, Connecticut, NYC, California and at least a dozen other States and carrying out every kind of heinous crime on America citizens! This is WAR!

    • That is true Charlie there are more fools in America than most anyplace, because they allowed the best place to live in the world; to turn into a sewer and now they want to bitch and cry foul! Too damned late you FOOLS!
      Yes they have to learn to suffer and die in many bad ways because they brought it upon themselves trusting the most evil politicians this nation has ever seen in high office! People have been too busy seeking their greed and pleasures, while they allowed their children to be brainwashed and indoctrinated to be FOOLS!
      No guys No glory!

      • Sorry that is of course No Guts No Glory! I’m so pissed off at out lack of leadership and love of country that I type like a twit!

  • What’s next.? The burning of Bible’s in the streets, tearing down Church’s, tearing up paintings of the last supper, burning all crosses, building incinerator’s for Christians, digging massive trenches and shooting Christians in the back, all of which Hitler did to the Jewish people.!
    And those Communist Anti-American Democrats call all Christian law abiding Citizens Nazi’s and brown shirts.
    Better get prepared since the days are getting closer to What’s going to happen to us all.

    • Michael, I hate to admit that this is all a true reality of possibility as the Democrats and Deep State Cabal’s lust for power and their intense greed has made monsters out of them who do think and behave just like the Hitler brown shirts did and even worse now with all of the gain of function virology or AI so that plagues could even be unleashed upon millions at once!

  • I had some words related to these types of cases at a news site today that I’ll share with you to clearly point out what I see!

    The mass killing at Apalachee High School in Winder, Georgia; which stems from so called Gender Affirming Care a huge LIE!

    Ticking human time bombs are being created by partisan corrupted agents within the federal government to be used as weapons to advance the Democrat Party’s agenda and goals, one of which is the destruction of the US Constitution and thusly the Freedom of American Citizens! That is the way I see what the underlying headline is in this story!

    With recent events like the “Nashville Massacre at The Covenant School” by Audrey Hale these transgender individuals should have already been monitored closely along with “an immediate review and probable suspension of transgender policies” and so called “gender affirming care” treatment procedures in order to assess, determine and prove one way or another if there is a correlation between these radical alterations of a young person’s biochemistry and severe mental disorders that probably lead to this violence! Equating what happened in the buildup of this horrid event with a “slap on the wrist” or actually a “passing of the buck” by the authorities is easily spotted by this statement made by one so called authority; According to a transcript of the interview, investigator Daniel Miller who said, “I gotta take you at your word and I hope you’re being honest with me.”

    No you “don’t gotta” take anybody “on their word in these matters!” This Miller is either an incompetent imbecile, a derelict, perhaps insane himself or the likely option “a conspirator in the ongoing Communist Democrat Cabal’s agenda” to “fundamentally transform America” like “Obama the traitor” said he believed could be done. “Transform into what?” A “Communist police state” and we are well on our way to that, where “We the People” will be all prisoners like the J6 American Citizens are (totalitarian control) for exercising their Constitutional right of peaceful assembly in order to petition the government with election grievances. They were crushed and rot in a D.C Gulag; meanwhile while millions upon millions of illegals have flooded into our nation many of them actual foreign criminals or have a propensity to be such, while they’re being given debit cards, social security numbers, many freebies and even the right to vote in “American Citizen Elections!”

    I’d have to be deaf, dumb and blind not to see the pattern here or not realize that this is all a giant scam being perpetrated by many corrupted operatives in our own government, who by the way are being directly influenced by Satan himself! Top ranking officials are now serving the father of all lies whether they admit it or not because their only interest is more easy wealth and power; key enticements of Satan to control humanity!

    Without divine intervention this is all going to hell in a hand basket fast!

    It’s time for the majority to pray to God for His divine intervention in the name of Jesus Christ. Amen.

    Matthew 24:21-23 “For at that time there will be great tribulation, unmatched from the beginning of the world until now, and never to be seen again. 22 If those days had not been cut short, nobody would be saved. But for the sake of the elect, those days will be cut short. 23At that time, if anyone says to you, ‘Look, here is the Christ!’ or ‘There He is!’ do not believe it.”

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