States support parents in legal case over school’s secret gender transition of child

Nearly two dozen states have banded together, filing an amicus brief to defend the constitutional rights of a Florida family, whose public middle school is accused of secretly "socially transitioning" their 13-year-old daughter without their consent.

The brief, filed on April 30, involves January and Jeffrey Littlejohn, parents in Leon County, Florida, who allege school officials met privately with their child about using a new name and pronouns, and did not inform or involve them as parents. 

School staff allegedly asked the Littlejohns' daughter which bathroom and locker rooms she wanted to use, which gender she wanted to room with during overnight trips, and if she wanted her parents to be notified.

A three-judge panel from the 11th U.S. Circuit Court of Appeals in Atlanta sided 2-1 with the school district in a ruling on March 12, finding school officials "did not act with intent to injure" or "force the child to attend a student support plan meeting," thus not meeting the "shock the conscience" standard.

The Littlejohns appealed, requesting the court hear the case in full.

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Parents display signs at a parental rights rally. (Courtesy of Becket)

The "shock the conscience" standard is often used in due process cases and refers to "egregious and unjust actions" that violate principles of fairness and decency, according to the Liberty Justice Center, which, in addition to the brief filed by the states' attorneys general, joined the Wisconsin Institute for Law & Liberty and Dr. Erica Anderson, Ph.D., in filing a brief in support of the parents' position.

"The issue of parental notification policy, or, in this case, the lack of notification policies, is something we’re seeing around the country," Emily Rae, senior counsel at the Liberty Justice Center, told Fox News Digital. "There are dozens of cases at the state level and federal level juggling this issue, trying to determine what parents’ rights are in this situation."

States' attorneys general called the court's decision "disastrous for parents everywhere," according to the brief that includes Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, Texas, South Carolina, South Dakota, Virginia, West Virginia and Arizona.

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The school district allegedly met with the Littlejohns' daughter without notifying them. (Courtesy of Becket)

"Purposefully withholding from a parent critical information about supposed medical treatment that a school is providing a student not only violates that right, but does so to a disturbing and constitutionally intolerable degree," the states' attorneys general added.

"Parents – not the government – know what’s best for their children," Georgia Attorney General Chris Carr wrote in a statement. "We will always stand for parental rights and Georgia families."

The Liberty Justice Center, in conjunction with the Wisconsin Institute for Law & Liberty and Anderson, wrote that school officials are not experts and should not aid in students' transition.

"To summarize, no professional association recommends that teachers and school officials, who have no expertise whatsoever in these issues, should facilitate a social transition while at school, treating minors as if they are really the opposite sex, in secret from their parents," the Liberty Justice Center wrote. "Usurping the parents in this way is conscience-shocking."

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A parents' rights supporter holds up a sign after a California judge halted a school district policy requiring parents be notified if their children change their gender identification or pronouns at school.  (Will Lester/MediaNews Group/Inland Valley Daily Bulletin via Getty Images)

In an interview earlier this year, January Littlejohn, who was one of President Donald Trump’s guests at his address to a joint session of Congress, said the school’s actions had a "destructive" effect on her entire family. 

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Ultimately, she said her daughter worked through the gender confusion, but the issue created a family rift that "took many years to repair."

The Leon County School District and Carr did not immediately respond to Fox News Digital's requests for comment.