Overview
- U.S. District Judge Roger T. Benitez ruled in Mirabelli v. Olson that parents are constitutionally entitled to receive information about their child’s gender identity at school.
- The court also held that public school teachers have First Amendment protections to provide accurate gender information to parents, including free exercise and free speech rights.
- According to filings described in the case, the order includes a permanent, class-wide injunction against policies that require educators to withhold or misrepresent students’ gender information to parents.
- The opinion cited Troxel v. Granville to emphasize longstanding parental rights and rejected the California Attorney General’s framing that plaintiffs sought a special exemption from the state’s privacy law.
- Commentary notes that some school boards, administrators, and teachers’ unions continue to back secrecy policies, underscoring ongoing institutional resistance despite the ruling.