Call to ACTION: Please adjust and edit this to your liking and so it is not exactly the same but wanted to show you what I am going to send to AG Paxton:
Dear Attorney General Paxton,
I am writing to respectfully request that your office consider filing an amicus brief in support of two important cases currently before the courts. These cases address critical issues related to parental rights and the bodily autonomy of children.
1. Terpsehore v. Mayfield City School District Board of Education (Case No. 22-3915, 6th Cir.): In this case, Terpsehore Maras alleges that the Mayfield City School District violated federal and state procedural due-process requirements by imposing a mask mandate for the 2021–2022 school year without providing an adequate “opportunity for public discussion”. As parents, we believe that our right to participate in decisions affecting our children’s well-being is fundamental. Supporting this case would affirm the importance of parental input in matters that directly impact our children’s health and autonomy.
During the proceedings, one of the 6th Circuit judges raised a point about the potential inequality in access to legal representation. The judge questioned whether only rich children would be able to afford representation, implying that the ability to challenge school district decisions might be limited to those with financial resources. This point underscores the importance of ensuring that all parents, regardless of their financial status, have the opportunity to participate in decisions that affect their children's well-being.
In the context of this case, the issue of pro se representation is particularly relevant. Pro se, meaning "for oneself" or "on one's own behalf," refers to a situation where a party in a lawsuit represents themselves without the assistance of an attorney. This is a fundamental right recognized by the U.S. legal system, allowing individuals to represent themselves in court proceedings. However, this right is not automatically extended to parents wishing to represent their minor children.
In the Terpsehore v. Mayfield City School District case, the issue of pro se representation could potentially play a significant role. If the case were to proceed to trial, the question of whether Terpsehore Maras can adequately represent her children without the assistance of an attorney could become a key issue. This case highlights the complexities and challenges of pro se representation in legal cases, particularly when it involves representing a minor.
The judge's concern about the potential inequality in access to legal representation is a valid one. It underscores the importance of ensuring that all parents, regardless of their financial status, have the opportunity to participate in decisions that affect their children's well-being. This is a crucial aspect of the broader conversation about access to justice and the rights of parents to make decisions about their children's health and education.
In the case of Raskin v Dallas ISD (21-11180), the U.S. Fifth Circuit Court sided with a local mother, Allyson Raskin, allowing her to represent her children in a lawsuit against the Dallas Independent School District (DISD). Raskin sued DISD in response to the mandates requiring students to wear masks. The Fifth Circuit Court rejected DISD's claims and held that an absolute bar on pro se parent representation is inconsistent with federal law, which allows a pro se parent to proceed on behalf of her child in federal court when the child’s case is the parent’s ‘own’. This ruling means that Raskin can continue her lawsuit against DISD on behalf of her children regarding the mask mandates. The case will now return to the lower court to be heard on the actual merits of the case.