A sweeping federal court ruling has delivered a major blow to California’s long-standing approach to gender identity policies in public schools, siding firmly with parents and teachers who argued the state crossed a constitutional line.
U.S. District Court Judge Roger Benitez issued a permanent injunction on Monday that blocks state officials from enforcing policies that keep parents uninformed about a child’s gender identity changes at school.
The decision marks a decisive victory for educators and families who said they were forced to choose between honesty and their livelihoods.
A System That Kept Parents In The Dark
For years, education policies promoted by California’s Democratic leadership allowed schools to withhold sensitive information from parents, particularly when students adopted new names, pronouns, or gender identities while on campus.
Opponents of the policies argued they effectively shut parents out of critical decisions involving a child’s mental health, emotional development, and family values.
Two teachers eventually took a stand.
Christian educators Elizabeth Mirabelli and Lori West filed a lawsuit in 2023 after refusing to lie to parents or conceal information they believed was essential to a child’s well-being. With legal support from the Thomas More Society, the case quickly gained momentum.
By October, the lawsuit had expanded into a class action, bringing in additional teachers and parents who said the policies caused widespread harm across the state.
Judge Benitez Delivers A Major Setback To State Officials
Judge Benitez ruled in favor of the plaintiffs, delivering a clear defeat to state officials and supporters of the policies.
At the outset of his 52-page opinion, Benitez grounded his decision in long-established constitutional principles, noting that long before compulsory education existed, “parents have carried out their rights and responsibility to direct the general and medical care and religious upbringing of their child.”
Benitez reinforced that point plainly, adding, “It is a right and a responsibility that parents still hold.”
The court concluded that California’s policies violated those rights.
Benitez further stated that “parents have a right to receive gender information and teachers have a right to provide to parents accurate information about a child’s gender identity”, determining that those rights had been infringed by state actions.
A “Trifecta Of Harm,” According To The Court
The judge offered a blunt assessment of the consequences of the state’s policies.
According to Benitez, “the parental exclusion policies create a trifecta of harm.” He explained that the policies damage children, undermine parents, and force teachers into ethical conflicts.
As outlined in the ruling, the policies “harm the child who needs parental guidance and possibly mental health intervention to determine if the incongruence is organic or whether it is the result of bullying, peer pressure, or a fleeting impulse.”
They also “harm the parents by depriving them of the long-recognized Fourteenth Amendment right to care, guide, and make healthcare decisions for their children, and by substantially burdening many parents’ First Amendment right to train their children in their sincerely held religious beliefs.”
Finally, the judge found they “harm teachers who are compelled to violate the [sic] sincerely held beliefs and the parent’s rights by forcing them to conceal information they feel is critical for the welfare of their students.”
What The Injunction Blocks
The ruling prohibits California Attorney General Rob Bonta, Superintendent Tony Thurmond, and members of the California Board of Education from enforcing any policy that requires school employees to mislead parents.
Specifically, schools may no longer:
Mislead parents “about their child’s gender presentation at school” through direct lies, restricted access to records, or “using a different set of preferred pronouns/names when speaking with the parents than is being used at school.”
Use a name or pronoun that does not match a child’s legal name and natal pronouns when a parent or legal guardian has objected.
Use incorrect pronouns or a false name while concealing a social gender transition from parents.
Mandatory Notice For Educators Statewide
Judge Benitez also ordered state education officials to prominently include the following notice in LGBT cultural competency training materials:
Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence. Teachers and school staff have a federal constitutional right to accurately inform the parent or guardian of their student when the student expresses gender incongruence. These federal constitutional rights are superior to any state or local laws, state or local regulations, or state or local policies to the contrary.
Legal Team Hails A Permanent Victory
Paul Jonna, special counsel at the Thomas More Society, praised the ruling as a decisive turning point.
“Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools,” Jonna said in a statement.
He continued, “the court’s comprehensive ruling — granting summary judgment on all claims — protects all California parents, students, and teachers, and it restores sanity and common sense.”
Jonna concluded with a warning to school officials statewide, stating, “With this decisive ruling from Judge Benitez, all state and local school officials that mandate gender secrecy policies should cease all enforcement or face severe legal consequences.”
