This week, The Family Foundation signed onto an amicus (“friend of the court”) brief with its family policy council allies from across the nation in the case Vitsaxaki v. Skaneateles Central School District. This case is currently before the U.S. Court of Appeals for the Second Circuit, which encompasses Connecticut, New York, and Vermont.
This case originated when employees of the Skaneateles Central School District in New York attempted to socially “transition” the daughter of Jennifer Vitsaxaki. For months, the school used a name and pronouns that did not correspond with Mrs. Vitsaxaki’s daughter’s biological sex. When the Vitsaxakis found out about the school’s disgraceful behavior, they withdrew their daughter from the school and filed a lawsuit, claiming the Skaneateles Central School District violated their parental rights as protected by the Fourteenth Amendment and religious liberty as protected by the First Amendment.
Unfortunately, the district court dismissed the lawsuit in favor of the school district, arguing that the school district did not violate the constitutional rights of Mrs. Vitsaxaki. Our brief to the Second District argues that the district court improperly dismissed the claim and that the school district did in fact violate Mrs. Vitsaxaki’s constitutional rights.
Specifically, the brief argues that “the right of parents to direct the upbringing and care of their children is a fundamental right protected by the Fourteenth Amendment.” The brief further argues that “parents have a necessary and vital role in decisions concerning the social transitioning of their children because ‘parents possess what a child lacks in maturity, experience, and capacity of judgment required for making life’s difficult decisions.’ Even if state officials believe that the decision of parents is wrong or ‘involves some risk,’ it is still ‘repugnant to American tradition’ to unilaterally arrogate such decisions to the state.”
The brief concludes by arguing that the Skaneateles Central School District’s actions violate Mrs. Vitsaxaki’s parental rights as protected by the Fourth Amendment and that the district court should be reversed. If the Second District rules in favor of Mrs. Vitsaxaki, the case will return to the district court for a trial on the merits of her claims.
You can read the brief here.
