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Federal Judge Bars California Schools From Keeping Students’ Gender Identity From Parents

The attorney general has asked to pause the statewide injunction pending appeal.

Overview

  • U.S. District Judge Roger T. Benitez granted summary judgment in Mirabelli v. Olson and issued a class-wide permanent injunction covering all California public schools.
  • The court found that secrecy policies violate parents’ due-process rights and teachers’ First Amendment protections, holding that parents have a right to receive gender information from schools.
  • The injunction blocks state officials, including Attorney General Rob Bonta and the California Department of Education, from enforcing rules that conceal or mislead parents about a student’s social transition.
  • Benitez ordered state training materials, including PRISM resources, to include a statement affirming parents’ constitutional right to be informed and teachers’ right to provide accurate information.
  • The ruling conflicts with 2024’s AB 1955, drew opposing reactions from parental-rights and LGBTQ advocacy groups, and is expected to move to the Ninth Circuit with potential for higher court review.