Mirabelli v. Bonta · ¶14
Likelihood of success on the merits. We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim. California's policies likely trigger strict scrutiny under that provision because they substantially interfere with the “right of parents to guide the religious development of their children.” Mahmoud, 606 U. S., at 559 (citing Wisconsin v. Yoder, 406 U. S. 205 (1972)). The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California's policies violate those beliefs and “impos[e] the kind of burden on religious exercise that Yoder found unacceptable.” 606 U. S., at 550. Indeed, the intrusion on parents' free exercise rights here— unconsented facilitation of a child's gender…Read in context ›
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