A federal judge in San Diego has placed a permanent injunction on a California policy that required public schools to hide a child's gender transition from their parents, declaring the practice unconstitutional.
PRESS RELEASE & STATEMENTS: Historic Class-Action Victory Permanently Blocks Gender Secrecy Policies and Restores Parental Rights
— Thomas More Society (@ThomasMoreSoc) December 23, 2025
Read here: https://t.co/cD3Ue3I02P
San Diego, CA- In a landmark class-action ruling, Thomas More Society achieved a historic victory in Mirabelli,… pic.twitter.com/2wlpYxLEsG
The plaintiffs in the case, teachers Elizabeth Mirabelli and Lori West, both practicing Christians, argued that the California Department of Education’s policy placed them in an “impossible” position, forcing them to lie in violation of their Christian faith and personal ethics.
On Tuesday, U.S. District Court Judge Roger T. Benitez, a George W. Bush appointee, agreed.
“Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence,” Benitez wrote. “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.”
He also required that this statement be published "in a prominent place" regarding the "gender-related rights of student and faculty."
Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence. Teachers andschool staff have a federal constitutional right to accurately inform the parent orguardian of their student when the student expresses gender incongruence.These federal constitutional rights are superior to any state or local laws, state orlocal regulations, or state or local policies to the contrary.
In his ruling, Judge Benitez cited the U.S. Supreme Court’s decision this summer in Mahmoud v. Taylor, which granted the parents of children in public schools the ability to withdraw them from instructional materials and discussions that could conflict with a family’s sincerely held religious beliefs.
Paul M. Jonna, special counsel at Thomas More Society, a conservative Catholic law firm that took the case said in a statement, “Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools.”
Advocates of the controversial law, including California Attorney General Rob Bonta, argued that the policy was necessary for so-called transgender children to avoid bullying and harassment from their own parents.
In 2023, Bonta went so far as to sue the Chino Valley Unified School District over a policy requiring schools to inform parents when students adopted new names or pronouns, or sought access to bathrooms and locker rooms that did not align with their biological sex.
Immediately following the judge’s ruling, Bonta filed an application to suspend the permanent injunction.
“We believe that the district court misapplied the law and that the decision will ultimately be reversed on appeal,” Bonta’s office said in a statement. “We are committed to securing school environments that allow transgender students to safely participate as their authentic selves while recognizing the important role that parents play in students’ lives.”
The American Civil Liberties Union also put out a statement condemning the ruling. Christine Parker, a senior staff attorney with the ACLU Foundation of Southern California, said, "A culture of outing harms everyone — students, families, and school staff alike — by removing opportunities to build trust. LGBTQ+ students deserve to decide on their own terms if, when, and how to come out, and to be able to be themselves at school."
The law, authored by Assemblymember Chris Ward and signed by California Governor Gavin Newsom just last year, instructed the California Department of Education to develop guidance on the policy and provide resources for families of LGBTQ+ students.
“The State knew this was a losing legal battle and tried to pull out every lawyer’s trick in the book to avoid responsibility,” Jeffrey M. Trissell, counsel at Thomas More Society, said. “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.”
The case is likely to make it up to the Supreme Court.
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