The transgender flag. Getty Images.
Parents trying to overturn a Washington law protecting runaway transgender youth have hit another roadblock in federal court.
A three-judge appeals court panel on Friday unanimously dismissed a constitutional challenge to the controversial 2023 statute, which allows operators of emergency shelters to notify state authorities, rather than parents, when children seek refuge as they pursue gender-affirming care and support services.
The 9th U.S. Circuit Court of Appeals in San Francisco upheld a lower court ruling that concluded those challenging the law lacked legal standing to sue because they could not prove they suffered actual or imminent harm from the statute. The plaintiffs who brought the case included several parents whose teenage children exhibited signs of gender dysphoria, but were not runaways, and two nonprofits that oppose gender-affirming care for children.
In a statement, Washington Attorney General Nick Brown’s office said, “We are pleased that the court saw through this politicized attempt to create a case where none existed.”
America First Legal Foundation, counsel for the plaintiffs, did not immediately respond to a request for comment. The conservative legal organization was founded by Stephen Miller, deputy chief of staff for President Donald Trump.
State law calls for parents to be notified within 72 hours of their child’s arrival at an emergency shelter unless there are “compelling reasons” not to do so. If there are signs of abuse or neglect, for example, shelter staff are to inform the state Department of Children, Youth and Families, which would take the lead on reaching out to parents.
The court fight is over Senate Bill 5599, which expanded the list of compelling reasons to cover situations when a young person feels they could be subject to abuse or neglect because they are pursuing gender-affirming care or reproductive health services. Its passage incensed conservatives, who said it was an attack on parental rights.
America First Legal Foundation sued in August 2023, days after opponents of the law failed to gather enough signatures to get a referendum on the ballot.
The lawsuit argued the statute “deprives certain parents—but not all parents—of their fundamental right under the U.S. Constitution to direct the care and upbringing of their children, as well as their rights to the free exercise of religion, due process, free speech, and equal protection.”
Miller, in a statement issued at the time the suit was filed, said his group was “leading the courtroom charge against radical transgenderism and the sexual exploitation of our children by militant gender activists.” He added: “No state action more frighteningly illustrates the threat to our children than this law.”
International Partners for Ethical Care, Inc. and Advocates Protecting Children joined the parents as plaintiffs.
After the state responded that the plaintiffs lacked standing, America First Legal amended its complaint to broaden the original challenge. That didn’t work.
In May 2024, U.S. District Court Judge Robert Bryan dismissed the suit, citing the plaintiffs’ lack of standing. And the 9th Circuit Court panel of judges agreed.
Judge Milan D. Smith, Jr., a 2006 appointee of President George W. Bush, authored Friday’s appellate decision. Circuit Judges Sidney R. Thomas and Daniel A. Bress joined in the opinion.
This post was originally authored and published by Jerry Cornfield from Washington State Standard via RSS Feed. Join today to get your news feed on Nationwide Report®.
