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Federal appeals court rejects parents' challenge to school policy that hid students' gender identity

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Federal appeals court rejects parents' challenge to school policy that hid students' gender identity

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Massachusetts parents hope to take their case before the U.S. Supreme Court after a federal court ruled that they do not have a constitutional right to be notified about their child’s gender transition at school.

In a February 18 ruling, the U.S. Court of Appeals for the First Circuit upheld a lower court’s dismissal of the lawsuit first filed by parents Stephen Foote and Marissa Silvestri in 2022 against Ludlow Public Schools.

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The lawsuit accuses school staff at Paul R. Baird Middle School in Ludlow, Massachusetts, of secretly encouraging their then- 11-year-old daughter to adopt a new name and different gendered pronouns while at school.

The parents argue that the school’s nondisclosure policy, which keeps a student’s requested gender identity from parents unless the student consents, violates their parental rights protected by the Due Process Clause of the Fourteenth Amendment.

JUDGE DISMISSES MA PARENTS’ LAWSUIT OVER SCHOOL GENDER POLICY, SCOLDS DISTRICT: ‘DISCONCERTING’

Parents lost a lawsuit in federal court this month challenging a Massachusetts school district policy that affirmed and concealed their child’s gender identity. (iStock via Getty/AP Photo)

“[The Ludlow School Committee and implicated educators] exceeded the bounds of legitimate pedagogical concerns and usurped the role of [the plaintiffs] and other parents in the Town of Ludlow to direct the education and upbringing of their children, make medical and mental health decisions for their children and to promote and preserve family privacy and integrity,” the lawsuit alleges.

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Vernadette Ramirez Broyles, President and General Counsel for the Child & Parental Rights Campaign, represented the parents in court and said that they plan to petition the U.S. Supreme Court to review the case.

“We’re very disappointed and frankly disturbed by this decision,” Broyles told Fox News Digital. “I truly believe that parents across the nation, across Massachusetts, of all political stripes, will be disturbed by this.”

According to the lawsuit, Baird Middle School students were given a biographical video assignment by the school librarian that asked them to include their pronouns. Afterward, the plaintiffs’ daughter began receiving “unsolicited” LGBTQ video suggestions on her school computer, which made her start questioning her gender identity and sexuality, the lawsuit says. 

CHRISTIAN TEACHER FIRED OVER TRANS POLICY CELEBRATES TRUMP ORDER TARGETING GENDER IDEOLOGY IN SCHOOLS

L.G.B.T. activists and their supporters rally in support of transgender people on the steps of New York City Hall, October 24, 2018, in New York City.  (Drew Angerer/Getty Images)

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After a teacher informed the parents that their daughter had confided in her that she was struggling with depression, self-esteem issues and confusion about her sexuality, the parents thanked the teacher and emailed teachers and school administrators to inform them they were seeking private counseling for their child. The parents directly instructed school officials to not have private conversations with their daughter about the issue.

Unbeknownst to the parents, the daughter later e-mailed the school counselor to say she was “genderqueer” and requested to be called by a new name and pronouns while at school.

The parents allege that various school officials — the librarian, principal, counselor and superintendent — violated their request by affirming and privately counseling the student about her gender identity, without their knowledge or consent, in alignment with the district’s nondisclosure policy.

Over one thousand school districts across the nation have gender identity nondisclosure policies, Parents Defending Education says. (istock)

A 3-judge panel of the First Circuit Court, entirely composed of Democratic presidential appointees, sided with the Ludlow school district. 

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The panel ruled that the district’s nondisclosure policy “does not restrict parental rights in a way courts have recognized as a violation of the guarantees of substantive due process.”

The ruling recognized parents’ rights to be “informed of, and to direct, significant aspects of their child’s life,” but added that those rights “are not unlimited.”

“Parents may not invoke the Due Process Clause to create a preferred educational experience for their child in public school,” the ruling states.

The panel rejected the parents’ argument that the school’s actions constituted medical or mental health treatment, and argued that discussions about gender identity with the student were within the scope of the school’s ability to make “curricular and administrative decisions.”

MASSACHUSETTS PARENTS SUE SCHOOL, SAY OFFICIALS ENCOURAGED CHILDREN TO USE NEW NAMES, PRONOUNS WITHOUT CONSENT

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Parents across the nation have filed lawsuits against school districts for concealing students’ gender identity from parents. (Fox News Digital)

The judges argued that Ludlow’s protocol followed guidance handed down by the Commonwealth’s Department of Elementary and Secondary Education (DESE), advising schools on how to comply with state laws against gender identity discrimination in public schools. 

The DESE guidance suggests school officials accommodate a student’s requested gender identity to make them feel safe and supported and ask for their consent before informing parents, if they are 14 years of age or older. 

“If a student is under 14 and is not yet in the ninth grade, the student’s parent (alone) has the authority to decide on disclosures and other student record matters,” the guidance states.

Broyles told Fox News Digital that there were a number of issues with this defense.

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First, the Education Department’s guidance was voluntary, so schools were not required to follow it, she said. Second, it did not apply in this case as the students were under 14 years old, and third, this guidance still must be interpreted in light of the U.S. Constitution.

She argued the court ruling expanded the authority of school officials over the family’s “personal, intimate mental health decisions.”

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Lawyers for Massachusetts parents Stephen Foote and Marissa Silvestri argued the gender identity nondisclosure protocol, affirming students’ gender identity without consulting parents, was an unconstitutional mental health intervention. (iStock)

“Effectively, parents are losing the ability to direct the upbringing of their child if they choose to send their children to public schools that they pay for in their taxes. That cannot possibly be the standard for the children of the First Circuit,” she said.

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The lawsuit claimed school officials also applied the gender identity protocol to their 12-year-old son, who also began using a different name and pronouns around the same time of these events. However, the federal court’s decision only focused on the younger child, saying there were “scant relevant details” provided specific to the student’s older sibling.

The Massachusetts Family Institute also represented the parents in court.

The Ludlow defendants’ attorneys did not respond to requests for comment.

David Lawless, a lawyer for the Ludlow School Committee, called the First Circuit’s decision a “characteristically thoughtful and well-reasoned opinion,” Reuters reported.

The case is one of several cases nationally coming from parents suing school districts over their gender identity policies that conceal the child’s transgender identity from parents.

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According to conservative education watchdog Parents Defending Education, there are at least 1,195 school districts across 37 states and Washington, D.C., that have policies that explicitly state that school officials “can or should keep a student’s transgender status hidden from parents.”

President Trump signed an executive order in January calling to strip federal funding for “illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology.”

Reuters contributed to this report.

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Northeast

Millionaire philanthropist allegedly gunned down by worker in female wig; ambushes Maryland trooper: police

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Millionaire philanthropist allegedly gunned down by worker in female wig; ambushes Maryland trooper: police

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A 22-year-old assisted living employee accused of disguising himself in long female wigs and executing an 87-year-old millionaire philanthropist he treated nightly, is now also charged with shooting at a Maryland state trooper Tuesday while on the run.

The Montgomery County Department of Police’s Major Crimes Division confirmed during a news conference on Wednesday that Marquis Emilio James, 22, of White Marsh, Maryland, was arrested in connection with the Valentine’s Day homicide of 87-year-old Robert G. Fuller Jr. at the Cogir Potomac Senior Living Facility, and the shooting of a Maryland State Police trooper Tuesday during a traffic stop in West Baltimore.

James, who had been employed as a medication technician at the senior living facility since October, was allegedly seen on surveillance footage entering and exiting through a tampered courtyard door around the time Fuller was fatally shot in the head in his apartment.

Nothing appeared to have been taken from Fuller’s home during the crime, according to Montgomery County Police Chief Marc Yamada.

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Robert Fuller Jr., left, gives remarks at the 2017 opening of Veterans Academic Center in Augusta, Me., a project to which he donated.   (Joe Phelan/Centralmaine.com)

Investigators later determined the door’s alarm sensor had been disabled in January — on a day when James had been the only person seen using the door.

During a search, folded paper towels used to prop doors open on the day of the murder and again days later, were found by police.

Yamada said that days after Fuller’s death, James was found inside the facility after his shift ended, gave a suspicious explanation to other workers, triggered another exterior door alarm, and fled when a supervisor was going to be notified. 

The door he used to exit had also been tampered with, according to authorities.

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Marquis James, 22, is charged in connection to the murder and traffic stop shooting. (Montgomery County Police Department)

At about 3:30 a.m. Tuesday, a Maryland State Police trooper pulled over James’ car to conduct a traffic stop after noticing he was missing license plates.

As the trooper approached the car, James, who was driving, suddenly opened the car door and fired two shots, said Maryland State Police Lt. Col. Steve Decerbo.

The bullets narrowly missed the trooper by inches, and he only sustained minor injuries.

“Without a doubt, our Maryland State trooper escaped an outcome that could have ended much differently,” Decerbo said.

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Marquis James was allegedly seen on video wearing a long wig. (Montgomery County Police Department)

James immediately drove away, and investigators later recovered a shell casing from the scene that matched ballistic evidence from Fuller’s murder, linking the two cases.

Montgomery County Police, Maryland State Police and the U.S. Marshals took James into custody Wednesday afternoon in Rockville after a brief foot chase.

James is charged in Montgomery County with first-degree murder, which carries a maximum penalty of life in prison.

He is being held without bond, with a court hearing scheduled.

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While conducting two search warrants in Baltimore County, investigators recovered “numerous” wigs and a mask, consistent with what appeared to be a disguise in surveillance footage.

Police initially said there was no clear description of the person’s gender or race, adding the suspect seen in the footage could be male or female due to the long wig.

Yamada added police “do not have a good sense of why” James allegedly shot and killed Fuller.

Police Chief Yamada did not reveal a motive for the shootings. (Montgomery County Police Department)

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“Upon speaking with him, he said their relationship was very good, and he would never have hurt Mr. Fuller,” he said. “So we’re hopeful that as we get further in … we’re going to get a better sense of what was going on behind the scenes, what types of communications Marquis James had, [and] what he was searching on his electronic devices. We’re hopeful that that’s going to lead us to a better sense of why.”

Yamada would not confirm if James had a criminal record.

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Maine State Rep. Bill Bridgeo, who met Fuller while working as city manager in Augusta, told NBC 4 Washington Fuller was a prominent attorney and a retired Navy Reserve officer.

Bridgeo told the local station Fuller donated millions to the community to build a new YMCA, hospital and expand a high school.

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Beloved millionaire Maine philanthropist shot dead in ritzy DC suburb assisted living home, no arrests made

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Boston, MA

Boston police officials dominate the list of highest-paid city workers in 2025 – The Boston Globe

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Boston police officials dominate the list of highest-paid city workers in 2025 – The Boston Globe


That was more than what every other city department spent on overtime combined, though it was a slight drop from the $103 million the police department spent on overtime in 2024.

High overtime spending inside the police department has long been controversial and a source of frustration for police-reform advocates. Last year’s nine-figure total comes as Mayor Michelle Wu warns of a challenging budget season to come for the city, which is grappling with inflation and the possibility of more federal funding cuts.

In a December letter, Wu told the city council that she instructed city department heads to find ways to cut 2 percent of their budgets in the next fiscal year. She also imposed a delay on new hires. Boston Public Schools Superintendent Mary Skipper has also proposed cutting somewhere between 300 and 400 positions next fiscal year due to budget constraints.

Overall, the city spent about $2.5 billion on employee salaries in 2025, up around 1.5 percent from $2.4 billion in 2024. The city employs roughly 21,000 workers, according to a public dashboard.

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In a statement, Emma Pettit, a spokesperson for Wu’s office, attributed the payroll increase to raises, and in some cases, employees receiving retroactive pay, that were part of contracts the city negotiated with its various labor unions.

“We’re grateful to our city employees for their hard work to hold Boston to the highest standard for delivering city services,” Pettit said.

When Wu won her first mayoral race in November 2021, all of the city’s 44 union contracts had expired. Since then, Wu’s office has negotiated new agreements with all of them, and last year, agreed to a one-year contract extension with the Boston Police Patrolmen’s Association, the city’s largest police union.

But as the city heads back to the bargaining table to negotiate extensions or new contracts with others, city leaders should keep cost at the forefront of those conversations, said Steve Poftak, president of the Boston Municipal Research Bureau, a business-backed budget watchdog group.

“As budgets tighten, I’m hopeful that it increases the scrutiny on these collective bargaining agreements,” Poftak said.

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The top earner on the city’s payroll last year was Boston Police Captain Timothy Connolly. In addition to his $194,000 base salary, Connolly took home nearly $230,000 in overtime, about $26,000 in undefined “other pay,” and roughly $49,000 as part of a higher-education bonus, for a total of $498,145 in compensation.

Skipper, as BPS superintendent, was the 55th-highest earner among city workers, coming behind 54 members of the police department. She made a total of $378,000 in 2025.

Nearly 300 city employees made more than $300,000 last year. In contrast, Wu made $207,000, though her salary increased to $250,000 this year. More than 1,700 city employees made more than the mayor in 2025.

Larry Calderone, president of the Boston Police Patrolmen’s Association, argued that the high overtime costs in the police department are, in part, a result of understaffing.

The department is short roughly 400 rank-and-file police officers, Calderone said, meaning the department has to pay its staff to work overtime and fill vacant shifts. The average salary for an officer in the BPPA is roughly $195,000, Calderone said.

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With several large events approaching, including a Boston-based fan fest around this summer’s World Cup matches and the return of a fleet of tall ships to Boston Harbor, Calderone said most of the members of his union are likely to be working the maximum allowable 90 hours a week.

“We just don’t have the bodies on the street,” he said.

The Boston Police Department and the Boston Police Superior Officers Federation — the union that represents the department’s sergeants, captains, and lieutenants — did not immediately return requests for comment Monday.

Jamarhl Crawford, an activist and former member of the Boston Police Reform Task Force, said while high spending on overtime is not new for the police department, it’s a pressing problem the city should tackle.

The police and fire departments are “essential components of the city and society in general … [and] folks should be getting a fair wage. But it also has to be within fiscal responsibility,” Crawford said.

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“In another 10 years,” he continued, “with pensions and everything else, this type of thing can bankrupt the city.”


Niki Griswold can be reached at niki.griswold@globe.com. Follow her @nikigriswold. Yoohyun Jung can be reached at y.jung@globe.com.





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Pittsburg, PA

Man’s body found underneath trailer behind former Shop ‘n Save in Carrick

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Man’s body found underneath trailer behind former Shop ‘n Save in Carrick



Pittsburgh Police detectives are investigating after a man’s body was found underneath a trailer behind the former Shop ‘n Save store in the city’s Carrick neighborhood.

Pittsburgh Public Safety said late Monday night that detectives from the Violent Crime division responded to the area of Amanda Street and Wynoka Street in Carrick after a man’s body was found around 8:30 p.m.

Public Safety said the man’s body was found underneath a trailer and that he was pronounced dead by medics at the scene.

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Pittsburgh Police detectives are investigating after a man’s body was found underneath a trailer in the city’s Carrick neighborhood on Monday night.

Pittsburgh Public Safety


A photo provided by Pittsburgh Public Safety shows officers surrounding a taped off area and what appears to be a refrigerated trailer parked at the loading dock along Amanda Street behind the former Brownsville Shop n’ Save, which closed its doors last month

No details surrounding the circumstances of the man’s death were provided by Public Safety, who said that the cause and the manner of the man’s death will be determined by the Allegheny County Medical Examiner’s Office.

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The man’s identity has not been released.

Public Safety said the investigation into the man’s death is “ongoing.”



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