In
Teen Rescue v. Becerra, (ED CA, Sept. 19, 2019), a California federal district court dismissed a suit brought by the parent of a child attending River View Christian Academy, a Christian boarding school which is subject to the California Community Care Facilities Act. The Act requires private alternative boarding schools to allow students full autonomy on maters of religion and sexual identity. Seeking to represent all parents and guardians of students in the school, plaintiff alleges that subjecting the school to these requirement violates his religious free exercise and his parental rights. The court dismissed the complaint, saying in part:
Merely developing a plan to train RVCA staff in issues relating to the lesbian, gay, bisexual, and transgender communities does not invade the First Amendment rights of RVCA parents....
Similarly, preventing a community care facility from attempting to change the sexual orientation of its students is not an invasion of the parents’ First Amendment rights. The First Amendment gives Williams the right to believe and profess whatever religion he desires. If sending his child to an exclusively faith-based educational institution is an important part of Williams’ faith, there is nothing in the CCFA that prevents him from doing so.... Williams is free to enroll his child at a CCFA-exempt religious boarding school....
[T]he only injuries alleged here were suffered by Teen Rescue, not the parents. Williams failed to identify a concrete and particularized injury in fact under the Free Exercise Clause. Thus, Williams and the other RVCA parents lack standing to bring a claim under the First Amendment.
