(Tampa Free Press)—The Liberty Justice Center is celebrating a legal victory in Regino v. Staley, as the Ninth Circuit Court of Appeals overturned a lower court’s dismissal of a case involving parental rights. The ruling allows Aurora Regino to proceed with her lawsuit against the Chico Unified School District in California.
Regino’s lawsuit challenges a school district policy that permits school staff to use a student’s preferred name and pronouns without informing the student’s parents. She argues that this policy infringes upon her constitutional right to be involved in decisions concerning her child’s care and well-being.
The Liberty Justice Center, in collaboration with the Wisconsin Institute for Law and Liberty (WILL) and Dr. Erica E. Anderson, filed an amici brief in November 2023, urging the Ninth Circuit to reverse the lower court’s dismissal.
The Ninth Circuit agreed, ruling that the lower court had applied incorrect legal standards in its decision. The appeals court emphasized the long-established constitutional right of parents to make decisions about their children’s care, custody, and control. It also clarified that procedural protections apply to all liberty interests, not just those deemed “fundamental.”
“We are pleased that the Ninth Circuit has allowed Regino’s lawsuit to continue and will continue to stand up for parents in California who have been the victims of terrible secrecy policies like the one in Chico,” said Emily Rae, Senior Counsel at Liberty Justice Center.
The case will now return to the lower court for further proceedings to determine the final outcome of Regino’s constitutional challenge.
The Liberty Justice Center frames this victory as part of its ongoing nationwide efforts to protect parental rights. The organization notes that the issues in this case are similar to those raised in its recent complaint to the U.S. Department of Education, which led to Title IX investigations of Illinois school districts. The Liberty Justice Center is also actively opposing California’s proposed AB 1955, which it believes would further erode parental rights.