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A federal judge in California has struck down a state policy that prevented teachers from informing parents when their child identified as a different gender at school, calling the rule unconstitutional and a violation of parental and teachers’ rights.
U.S. District Judge Roger Benitez, sitting in San Diego, ruled Monday that California’s policy—meant to protect LGBTQ students’ privacy—improperly restricted communication between parents and educators. The decision delivers a major setback to state officials and LGBTQ advocacy groups that had defended the policy as essential to student safety.
Why It Matters
The ruling stems from a 2023 lawsuit filed by Escondido Unified School District teachers Elizabeth Mirabelli and Lori Ann West, who challenged a district policy requiring staff to keep a student’s gender identity confidential from parents. The pair, represented by the Thomas More Society, a religious liberty law firm, argued that the rule forced them to violate their faith and the trust of parents.
The ruling directly conflicts with California’s Safety Act (AB 1955), signed by Governor Gavin Newsom in 2024, which banned schools from disclosing students’ gender identity or pronouns to parents without the students’ consent.
What To Know
In a 40-page opinion, Benitez said the rules “place a communication barrier between parents and teachers” and “harm the child who needs parental guidance.” He added that such policies deprive parents of their 14th Amendment right to direct the care and upbringing of their children and infringe upon teachers’ First Amendment rights.
“Parental involvement is essential to the healthy maturation of schoolchildren,” Benitez wrote, according to Courthouse News Service. “California’s public school system parental exclusion policies place a communication barrier between parents and teachers… That, this court will not do.”
Benitez’s ruling also issued a permanent injunction, blocking school districts from reinstating similar “gender secrecy” policies. He acknowledged the state’s intent to protect LGBTQ youth from possible abuse or rejection at home but concluded that the policy was overly broad and not narrowly tailored to that goal.
“When the state drops an elephant in the middle of its classrooms,” he wrote, “it is not a defense to say that the elephants are too heavy to move.”
In his order, Benitez framed the issue as a constitutional matter rather than a cultural one.
“Historically, school teachers informed parents of physical injuries or questions about a student’s health and well-being,” he wrote. “But for something as significant as a student’s expressed change of gender, California public school parents end up left in the dark.”
The decision intensifies a legal and political struggle over how schools handle issues of gender identity. Supporters of the Safety Act cited Centers for Disease Control and Prevention data showing that about 25 percent of transgender youth attempted suicide in 2023, underscoring the risks of forced disclosure. LGBTQ groups, including the American Civil Liberties Union and Equality California, have argued that involuntary outing can lead to family rejection, homelessness or self-harm.
Conservative lawmakers and parental rights groups have opposed such secrecy policies. Tech executive Elon Musk also criticized California’s gender identity disclosure law, saying it was among the reasons he decided to move the headquarters of SpaceX and X (formerly Twitter) from California to Texas.
What People Are Saying
Elizabeth Mirabelli and Lori West, in a joint statement shared on Monday: “We are profoundly grateful for today’s ruling. This has been a long and difficult journey, and we are humbled by the support we’ve received along the way. We want to extend our deepest thanks to Thomas More Society and to everyone who stood by us, prayed for us, and encouraged us from the very beginning.”
California State Senator Scott Wiener, on X days before the ruling: “I’ve passed some of the strongest protections for trans people in the country—from safeguarding gender-affirming care to protecting youth and families fleeing hostile states. As the federal government ramps up its attacks, I will always stand between trans people and harm.”
What Happens Next
The California Attorney General’s Office has not said whether it will appeal the ruling to the Ninth Circuit. For now, the court’s decision halts enforcement of policies that restrict teachers from sharing students’ gender information with parents across California’s public schools.










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