America First Legal, a legal group led by former Donald Trump adviser Stephen Miller, has filed a lawsuit against Mesa Public Schools in Arizona on behalf of board member Rachel Walden. The lawsuit alleges that the district’s policies related to transgender students violate Arizona’s parental rights law. Mesa Public Schools Superintendent Andi Fourlis is also named in the suit, which was filed in Maricopa County Superior Court.
Violation of Parental Rights
The lawsuit contends that the district’s policies violate Arizona’s Parents’ Bill of Rights, which recognizes and protects parents’ fundamental right to direct the upbringing, education, health care, and mental health of their children. It also alleges violations of other statutes, including requirements related to parental notification regarding instruction or presentations on sexuality and the need for parental consent for mental health screening or treatment of minors.
Elected Governing Board’s Role
The suit further criticizes the district for maintaining the policy of parental non-notification and facilitating sex transition without approval from the elected MPS Governing Board, the only entity authorized by state law to adopt school policies and procedures.
District’s Trans-Supportive Policies
Mesa Public Schools allows transgender students to use facilities aligned with their gender identity and use corresponding names and pronouns. The district also respects students’ wishes regarding parental notification, with the policies having been in place since at least August 2015 and undergoing revisions over time.
Opposition from Board Member
Rachel Walden, the board member represented in the lawsuit, has been vocal in her opposition to the district’s guidelines related to transgender students since joining the board in January.
District’s Legal Consultation
The district sought legal advice on the compliance of its guidelines with state law this year, with a Mesa-based law firm concluding that the guidelines do not violate state law. Superintendent Andi Fourlis has also emphasized that parents are not kept in the dark about support plans for transgender students and clarified that these plans do not include medical transition.
Lawsuit’s Objectives
The lawsuit seeks to declare the district’s transgender-supportive policies illegal and prevent the enforcement of any policies related to sexuality or gender identity unless approved by the board. It also aims to require parental notification and consent when students discuss matters of sexuality with school employees, including gender or sexual identity concerns or desires to transition.
America First Legal’s Mission
America First Legal, founded in 2021 and based in Washington, D.C., states its mission as opposing the radical left’s positions on various issues. Stephen Miller serves as its president, and the organization has previously taken legal action against companies and policies it believes are contrary to conservative values.
Awaiting District’s Response
As of the report, the district had not responded to requests for comment on the lawsuit.