Federal judge strikes down California school gender identity policy
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A federal judge on Monday rejected California school policies that barred schools from disclosing a student’s gender identity to their parents.
The class-action lawsuit filed by California teachers and parents sought to overturn policies that prevent K-12 educators from notifying parents when students use names or pronouns other than those assigned at birth.
San Diego U.S. District Judge Roger Benitez, a George W. Bush appointee, ruled in favor of two Escondido Union School District teachers, Elizabeth Mirabelli and Lori Ann West, who argued that their school district’s policies “expressly prohibit teachers from respecting parents’ wishes.”
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In the lawsuit, filed in April 2023, the middle school teachers named several district officials and claimed the district’s policies violated their constitutional and religious rights.
California state officials named in the lawsuit included State Superintendent Tony Thurmond, Attorney General Rob Bonta and the State Board of Education.
Benitez’s decision applies to all California public schools, not just the district where the lawsuit was filed. In his ruling granting summary judgment, the judge wrote that the California public school system created a “communication barrier between parents and teachers.”
“Parents and guardians have a federal constitutional right to be notified if their public school student child expresses gender nonconformity,” Benitez said. he wrote. “Teachers and school personnel have a federal constitutional right to accurately notify their student’s parent or guardian when the student expresses gender nonconformity.”
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The U.S. Supreme Court ruled this summer in Mahmoud v. He cited his decision in the Taylor case in the Benitez decision. The Supreme Court’s decision gave public school parents the right to opt out of material and discussions that conflict with their religious beliefs.
Like Reported by EdSourceWhile Benitez’s ruling cited guidance the California Department of Education shares with school districts, he noted that this case does not focus on the 1955 California Assembly Bill that prohibits forcing teachers to disclose their students’ gender identity.
In response to more than a dozen California school boards adopting parental notification policies that require school staff to notify parents if a student wishes to be referred to by a name or gender other than that assigned at birth, California Governor Gavin Newsom signed the Supporting Academic Futures and Educators for Today’s Youth, known as the SECURITY Act of 2024.
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The Thomas More Society, the Chicago-based conservative Catholic law firm that handled the case, released a statement about the ruling on Monday, hailing it as a “landmark class action decision.”
“Today’s incredible victory finally and permanently puts an end to California’s regime of dangerous and unconstitutional gender privacy policies in schools.” said Paul Jonna Member of the Thomas More Society.
Following Benitez’s decision, the California Legislative LGBTQ caucus issued a statement arguing that the judge’s decision “intentionally adds confusion to the public understanding” of the state’s SECURITY Act and “suggests an alarming willingness to undermine longstanding constitutional rights to privacy and nondiscrimination protections in California law.”
ACLU of Southern California criticized the decision and wrote, “This lawsuit is part of a coordinated nationwide attack on transgender individuals and anyone who advocates for transgender youth. California must remain steadfast in its commitment to supporting transgender youth, and we look forward to seeing state leaders stand up for transgender and gender nonconforming students by immediately following up on a call.”
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Attorney General Bonta also responded to Benitez’s decision: short filing on Monday to lift the court’s preliminary injunction. EdSource reported that a Bonta spokesperson said the district court misapplied the law and that the decision would eventually be overturned on appeal.
“We are committed to securing school environments that allow transgender students to safely participate as their authentic selves, recognizing the important role parents play in students’ lives,” Bonta’s office said in a statement. he said.
