The Liberty Justice Center is celebrating a significant victory for parental rights in Regino v. Staley, as the Ninth Circuit Court of Appeals overturned a lower court’s dismissal of Aurora Regino’s case against the Chico Unified School District. This decision reaffirms the constitutional importance of parental involvement in decisions affecting their children, while also setting the stage for further legal proceedings to address the critical issues at stake.
Aurora Regino filed her lawsuit after the school district adopted a policy allowing staff to use her child’s new preferred name and pronouns without informing her. Regino argued that this policy violated her rights as a parent to be involved in important decisions about her child’s care and well-being.
In November 2023, the Liberty Justice Center, in partnership with the Wisconsin Institute for Law and Liberty (WILL) and Dr. Erica E. Anderson—a clinical psychologist with over 40 years of experience working with children and adolescents on gender-identity-related issues—filed an amici brief urging the Ninth Circuit to reverse the lower court’s dismissal.
The Ninth Circuit ruled that the lower court had applied the wrong legal standards when it dismissed Regino’s case. The appeals court emphasized that parents have a deeply rooted constitutional right to make decisions about the care, custody, and control of their children. 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 that will lead to a final decision on Regino’s constitutional challenge.
This victory comes as the Liberty Justice Center continues its nationwide efforts to protect parental rights. The case highlights the same concerns raised in the Liberty Justice Center’s recent complaint to the U.S. Department of Education, which led to Title IX investigations into Illinois school districts over policies that undermine student privacy and safety.
Recently, the Liberty Justice Center has also been leading the fight against California’s AB 1955, a proposed law that would further erode parental rights by restricting parents’ ability to access critical information about their children’s education and well-being.
The Liberty Justice Center will continue to advocate for the rights of parents to be informed and involved in decisions affecting their children.