America First Legal (AFL) has filed a brief in the U.S. Court of Appeals for the Third Circuit, seeking to hold Pennsylvania's Pine-Richland School District accountable for allegedly providing "gender transition teams" to students without parental consent. AFL claims this action violates constitutional due process and a recent executive order by President Trump aimed at ending what he termed "radical indoctrination" in K-12 schooling.
The school district's policy reportedly allows school officials, nurses, psychologists, and principals to form teams that support students' gender transitions without informing parents. According to AFL, the district considers notifying parents about their child's gender identity or transition as potentially unnecessary.
AFL represents a client who instructed the school district not to refer her child for mental health evaluation or social work related to gender identity without her written consent. Despite this request, the district allegedly refused to notify her if her child sought "gender transitioning resources," prompting her decision to remove her child from public schooling due to concerns over potential harm.
In January 2024, AFL sued the Pine-Richland School District, claiming its policy infringes on their client's constitutional rights. A preliminary injunction was filed by AFL on February 5, 2024, but was dismissed by a district court citing lack of injury and standing for AFL's client. The organization is now appealing this decision.
Nick Barry, Senior Counsel at America First Legal, stated: “A court telling a mother she is not injured when a governmental agency has an explicit policy that it will socially transition your child to the opposite sex — without notifying that mom — seems to miss the mark. Parents have a right to parent their children. Parents don’t lose their parental rights at the schoolhouse steps."
AFL continues its legal efforts asserting that parents should be informed and involved in decisions affecting their children's gender identity at school.