Parents Can’t Escape Washington’s Transgender Policies by Changing Schools, Supreme Court Brief Argues

The Supreme Court’s recent parental rights ruling in Mirabelli v. Bonta is giving new momentum to a challenge against Washington state’s transgender policies, as parents urge the nation’s highest court to block laws that create an “incentive” for gender-confused children to run away.

In 2023, Washington lawmakers enacted laws allowing youth shelters to refrain from notifying parents if a child runs away in order to obtain sex-rejecting procedures. Five sets of parents of children suffering from gender dysphoria sued to block the laws, arguing they violate parental rights. The Supreme Court took up the case in June, and First Liberty Institute filed the opening brief before the court on Tuesday.

Lower courts dismissed the suit for lack of standing, claiming that the parents had not suffered a concrete injury. The brief, however, argues that Washington’s laws created a “Sword of Damocles in petitioners’ homes,” causing parents to alter their parenting because they fear their children will leave home over disagreements regarding gender identity.

The brief argues that the Supreme Court’s March ruling in Mirabelli v. Bonta—which granted parents an injunction against school policies hiding students’ claimed gender identities from their parents—bolsters the Washington state parents’ claim that courts can redress the harms from these laws.

“The court agreed with the parents in that case regarding their standing to file suit before their children suffered irreparable harm, and the same logic applies here,” Ryan Gardner, senior counsel at First Liberty Institute, told the Daily Signal in a statement Friday.

“If anything, the stakes are even higher in this case because parents cannot opt out by changing schools,” he noted. “They stand to lose their kids simply by living in the state.”

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“They could also lose custody of their children for as long as the state wishes, as opposed to just for the duration of schooldays,” Gardner concluded.

The Laws

Washington law generally requires youth shelters to notify parents within 72 hours when a runaway child arrives and inform them of the child’s location and condition. The law includes one exception: “compelling reasons” not to notify the parent, such as cases of “abuse or neglect.”

Yet the 2023 laws expanded “compelling reasons” to include access to “gender-affirming care.”

The parent’s brief quotes legislators’ framing the laws as a way to protect children from “non-affirming” parents.

“What this bill speaks to is when a young person is seeking gender-affirming care in the face of opposition and hostility from their family,” state Sen. Marko Liias, a Democrat, said. “In those cases where that reunification process would separate that vulnerable young person from the health care that they’re entitled to, when a family is standing between their young person and essential health care services, we need to focus on the essential needs of a young person—ensure they’re getting the care they deserve.”

State Rep. Jamila Taylor, also a Democrat, claimed that in such cases: “Home is not safe. We must step in. We must provide a place for this child.”

The Standing Issue

The U.S. Court of Appeals for the 9th Circuit upheld a lower court ruling that the parents lacked standing to sue. The appeals court held that “any current altering of parenting is a ‘self-inflicted injury,’” and that parents had not shown a sufficiently concrete injury.

Yet the parents claimed that theirs is a particularly strong case to resolve standing questions. The brief states that the laws directly targeted the parents in question, aiming to deprive them of their fundamental rights to direct the upbringing of their children.

“This case well illustrates what can happen when government, at the behest of a political majority, undermines parental rights because the majority disagrees with parents’ views,” the brief states. “Here the government did not regulate ‘non-affirming’ parents directly. It targeted them by creating and hanging in their homes a Sword of Damocles that affects parents at different speeds.”

By allowing youth shelters to refer minors for “gender-affirming care” without parental consent, the laws established “incentives for their children to run away, which in turn have interfered with the parent-child relationship.”

In Mirabelli, the Supreme Court granted relief from schools gender-secrecy rules, finding schools’ likely intrusion on parental rights not only gave parents standing to sue, but entitled them to immediate relief in the form of an injunction. The brief also cites Diamond Alternative Energy v. EPA (2025).

The Supreme Court has scheduled oral argument in Partners for Ethical Care v. Ferguson for Dec. 7.