Mirabelli v. Bonta · ¶2

Held: As to the parents, the application to vacate the Ninth Circuit's stay is granted because the stay is not justified under the governing four- factor test. See Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U. S. 758 (per curiam). The parents are likely to succeed on the merits of their free exercise claim. California's policies likely trigger strict scrutiny because they substantially interfere with the “right of parents to guide the religious development of their children.” Mahmoud v. Taylor, 606 U. S. 522, 559. The policies likely fail strict scrutiny because they cut out the primary protectors of children's best interests: their parents. The parents who object on due process grounds are also likely to succeed on the merits. Under long- established precedent, parents—not the State—have primary authority with respect to “the upbringing and education of…

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