COMMENTARY:
On March 2nd, the US Supreme Court handed down a landmark per curiam decision in Mirabelli v. Bonta that schools are not allowed to hide gender transitioning from parents. This case was filed by California parents whose children were secretly transitioning their gender at school and subsequently attempted suicide. Parents were purposely being kept in the dark about their children’s gender identity under California’s parental exclusion law, but that must end now.
Even though the Mirabelli case was filed in California, the Supreme Court’s decision impacts schools nationwide and supersedes both local and state policies. That includes my home state of New Mexico, where school districts such as Las Cruces and Albuquerque must now stop hiding gender transition from parents. For years, New Mexico teachers have been hiding students’ gender identity from parents per policies such as Albuquerque’s PJ30 “Gender Identity and Expression” and Las Cruces’ JBD ”Gender Inclusive Schools”.
According to the Supreme Court, these types of policies “cut out the primary protectors of children's best interests: their parents… Under long-established precedent, parents—not the State—have primary authority with respect to 'the upbringing and education of children.’” Both Albuquerque and Las Cruces school districts must now respect parents’ rights to know about their children’s gender confusion and participate in decisions about their mental health.
The Supreme Court’s ruling should also impact New Mexico’s 2023 HB7 state law, which requires that school districts not “interfere” in any way with children accessing transgender (and abortion) procedures. Under HB7, schools are fined $5,000 per instance if teachers or nurses “interfere” by talking to children's parents about their "gender affirming care” such as cross-sex hormones, puberty blockers (such as Lupron, which is used to chemically castrate sex offenders), and surgeries (wherein healthy body parts are permanently removed or disfigured). The harmful effects of “gender affirming care” cannot be reversed. Known risks of these medical treatments include sterility, heart problems, blood clots, hormone-dependent cancers, sexual dysfunction, and a lifetime of remorse.
Combined with over 80 school-based health centers statewide, HB7 has been a parent’s worst nightmare because children can secretly undergo gender transition at school, while accessing prescriptions and referrals for “gender-affirming care” at school-based health centers. Contrary to assertions that children aren’t accessing this type of care in New Mexico, an analysis of insurance claims for NM in the Stop the Harm Database found that 119 children are sex change patients, 41 children have had sex change surgeries, and 81 children have received hormones and/or puberty blockers. Hospitals providing these services include Lovelace, UNM, Presbyterian, Christus St Vincent, and Memorial Medical Center, among others.
Although New Mexico’s governor and progressive lawmakers are trying to cut parents out of crucial decisions that can affect the rest of their children's lives, the Supreme Court’s Mirabelli decision offers hope. This historic decision in favor of parental rights is a step in the right direction, but parents shouldn’t breathe a sigh of relief quite yet. New Mexico’s policymakers will likely resist the needed changes, so it’s up to parents to hold their feet to the fire. Parents can begin by sending a letter that informs the school district about the Supreme Court’s Mirabelli decision and requires a response affirming that parents’ rights will be honored. Templates for such a letter are available from America First Legal and Awake Illinois. Now is the time for parents to push back and protect their children from the New Mexico policies that have put their children and families at risk.
Byline: Sarah Smith co-leads the New Mexico Freedoms Alliance, a non-partisan statewide grassroots coalition. She also organizes a group of 200+ New Mexico school teachers, runs a homeschool group for 100+ families in Las Cruces, homeschools her two teens, and teaches Liberty-and-Leadership classes for teens. Sarah is a natural healthcare practitioner and former NASA aerospace engineer. She can be reached at concernedfornm@gmail.com.
Sarah Smith's opinions are her own and do not necessarily reflect the views of KRWG Public Media or NMSU.