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Federal Judge Blocks California School Secrecy on Student Gender Identity, Orders Statewide Changes

The state has asked to pause the class-wide injunction pending appeal.

Overview

  • U.S. District Judge Roger T. Benitez granted summary judgment in Mirabelli v. Olson, declaring parental-exclusion policies unconstitutional and issuing a permanent statewide injunction.
  • The order bars officials and school staff from concealing or misleading parents about a student’s gender identity and affirms teachers’ free speech and free exercise rights to inform families.
  • California must add a constitutional notice to state training materials stating that parents have a right to be informed and teachers have a right to provide accurate information.
  • The injunction prohibits using different names or pronouns with parents than at school and blocks use of non-legal names or pronouns over a parent’s objection.
  • The Attorney General’s office filed for a stay and noticed an appeal to the 9th Circuit, and LGBTQ advocates warn that involuntary disclosure could put students at risk.