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#but keep telling me that roe v wade isnt connected to trans rights
genderqueerpositivity · 7 months
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The latest dispute to reach a federal appeals court arose when parents Stephen Foote and Marissa Silvestri sued a range of government entities and officials affiliated with the Ludlow, Massachusetts public schools. The lawsuit alleges that during the 2020-2021 school year, their child approached a teacher about feelings of depression, low self-esteem and possible attraction to the same gender. The teacher spoke with the child’s mother, who responded that she was getting the child professional help and asked school staff not to have private conversations with the child.
The child, who was 11 at the time, then sent an email to school personnel self-identifying as genderqueer and announcing a new name and list of preferred pronouns. The school counselor responded with an email to staff stating that, consistent with a policy sanctioned by the Ludlow School Committee, they should not use the new preferred name and pronouns when communicating with the parents. Around the same time, the child’s sibling, who was then 12 years old, also began using a different name. The school did not tell the parents.
The parents sued, alleging that the defendants violated three different rights derived from the 14th Amendment: (1) their fundamental parental rights to direct the education and upbringing of their children, (2) their fundamental right to direct medical and mental health decision-making for their children, and (3) their fundamental right to “familial privacy” and “family integrity.”
None of these rights are expressly identified in the Constitution. All of them stem from the same aspect of the 14th Amendment that produced the original decision in Roe v. Wade — “substantive” due process. The Supreme Court, of course, has now overturned that decision, leaving open the question of which constitutional rights stemming from the 14th Amendment will now prevail and which won’t.
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