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If parental rights can be bypassed in Alabama, no state is safe
Millions of Americans fled deep-blue states like California and New York because they believed the rules were different elsewhere. They moved to places like Alabama to escape lockdowns, mandates, and ideological capture of public institutions. They believed red states meant red lines.
That belief is proving dangerously naïve.
If red states cannot enforce their own parental rights laws, then the red-state refuge is a myth.
Alabama is one of the most conservative states in the country. It has a Republican supermajority and some of the strongest parental rights laws on the books: bans on gender-transition procedures for minors, curriculum transparency requirements, legal definitions of male and female, protections for girls’ sports, and a rare requirement that parents must opt in before schools provide any mental health services, including discussions of suicide or bullying.
And yet those protections are now being quietly hollowed out — not by legislators, but by bureaucratic subversion.
The footnote loophole
The Alabama State Department of Education is undermining parental consent by inserting exceptions into the fine print of a required opt-in form distributed after a new parental consent law took effect Oct. 1.
The law itself is unambiguous. Parents must provide prior written consent before schools offer mental health services, including discussions related to suicide or bullying. But the department claims in the footnotes that mental health-related conversations may still occur “as appropriate” in other school settings — and that these interactions do not require parental permission.
The ALSDE has stated that “instruction, advisement, and occasional interventions are not subject to opt-in requirements, as these are regular duties of school counselors and other educators.”
That language does more than stretch the statute. It appears designed to bypass it entirely. When schools engage minors in discussions with clear psychological or therapeutic implications — trauma, gender identity, suicidal ideation — without parental consent, they move into legally and constitutionally questionable territory.
Same playbook, new label
Parents have seen this before. During COVID, mandates were imposed first and justified later. Dissent was sidelined. Authority flowed downward, not outward.
Now the same model is being applied to school-based mental health. Whether embedded in social-emotional learning, “student wellness,” or character education, the result is the same: psychological interventions delivered by school employees, not licensed physicians, without parental oversight.
This is not a gray area. The Supreme Court has repeatedly affirmed parents’ fundamental right to direct the upbringing of their children. When school systems create end runs around opt-in requirements — especially on matters involving suicide or gender ideology — they invite serious legal and civil rights challenges.
No state is immune
This is not an Alabama anomaly.
Illinois now mandates mental health screenings for public school students, with no opt-in. Mississippi is rolling out a statewide “youth wellness platform.” Tennessee is placing mental health clinicians in every public school through a $250 million trust fund. Ohio is expanding school-based health centers that embed mental health treatment directly on campus.
These programs erase the line between education and health care. They normalize a system in which children’s emotions are monitored, recorded, and interpreted by the state without parental consent. That is state-sponsored emotional profiling.
Who decides what helps?
This debate is not about whether children need support. It is about who decides what support looks like — and who has the authority to provide it.
Parents possess a fundamental right to make decisions about their children’s mental and physical health. The Supreme Court’s decision in Mahmoud v. Taylor reaffirmed that when schools impose ideologically loaded services or content without notice or opt-out, they burden parental rights and religious liberty.
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Photo by Luis Soto/SOPA Images/LightRocket via Getty Images
Alabama’s counseling framework includes DEI-driven language encouraging students to “identify individual differences” and “describe and respect differences among individuals.” In practice, that language provides a vehicle for embedding gender ideology and values-based content into guidance lessons.
When that content is paired with school-based interventions, the issue is no longer education. It is ideological formation funded by taxpayers and imposed without consent.
Alabama’s warning
If this can happen in Alabama — arguably the most pro-parental-rights state in the country — then no state is safe.
Agencies should not be allowed to bury statutes in footnotes, reinterpret laws by memo, or use therapeutic language to bypass parental authority. These are not technical disagreements. They are unconstitutional and demand legal pushback.
If red states cannot enforce their own parental rights laws, then the red-state refuge is a myth.
Strong laws matter, but enforcement matters more. Parents must demand both.
