America First Legal (AFL) is representing Rachel Walden in her lawsuit against Mesa Public Schools and Superintendent Andi Fourlis.
Walden alleges the school district and its superintendent tried to dodge Arizona’s Parental Bill of Rights in blocking parental notification of their child’s gender transition and identity.
She also asserts that the school board “never voted to adopt or authorize” the transgender policy.
“This policy of parental non-notification used to be explicit and in writing. After controversy arose in the local community about the non-notification policy, MPS revised its written documents to obfuscate the policy,” according to the lawsuit. “However, upon information and belief, the non-notification policy continues in force, and MPS employees do not notify parents about a student’s sexual identity issues unless the student consents to notification.”
The lawsuit calls for a “special action of relief to compel revocation of the trans policy as unlawfully adopted” and being “substantively awful.”
According to a statement from AFL, “The latest version of the policy only requires parental notification after MPS has started helping a student to socially transition in school, and it’s not even clear whether those notifications are really happening.”
“The new policy pays lip service to the legal requirement for parental notification, but it still allows school employees to talk to students about their sexual identity without parents’ knowledge. And it also coaches students how to make sure their parents never find out they’ve been talking to school employees about their sexual identity.”
AFL’s Vice President and General Counsel, Gene Hamilton, said, “Not only do parents have the fundamental right to direct the upbringing of their children, but the Constitution and Arizona law forbid the types of policies we are challenging here for our client. School districts like MPS have an obligation to notify parents if their child attempts to identify as a different sex. The people of Mesa are rightly outraged by these radical policies and we will fight for the right of every parent to direct the upbringing of their children.”
The Arizona Education Association responded to the lawsuit in a tweet, saying the lawsuit is “just so gross.”
“School should be a place where everyone feels safe and able to focus on learning. These constant attacks on LGBTQ kids & educators accomplish nothing — except advancing an extreme political agenda.”
Just so gross.
— AZ Education Assoc. 🍎🏫 (@ArizonaEA) November 24, 2023
School should be a place where everyone feels safe and able to focus on learning. These constant attacks on LGBTQ kids & educators accomplish nothing — except advancing an extreme political agenda. https://t.co/NHLg9F6CfK pic.twitter.com/2etNz5vZbx
