Federal Judge Invalidates California 'Gender Secrecy' School Policies — Ruling Applies Statewide

A federal judge on Monday invalidated policies used by California public schools that restricted teachers from informing parents when a student expressed a gender identity different from their sex assigned at birth. The ruling came in a class-action lawsuit brought by two middle school teachers and parents.

Background

The suit, filed in April 2023 by Escondido Union School District teachers Elizabeth Mirabelli and Lori Ann West, challenged district and state guidance that, the plaintiffs said, prevented K–12 staff from notifying parents if students asked to be addressed by names or pronouns differing from those assigned at birth. The complaint named several district officials and state education leaders, including State Superintendent Tony Thurmond, Attorney General Rob Bonta and the State Board of Education.

A transgender rights supporter takes part in a rally outside the U.S. Supreme Court as the justices hear arguments in a case on transgender health rights on Dec. 4, 2024, in Washington, D.C.

Ruling and Reasoning

U.S. District Judge Roger Benitez, an appointee of President George W. Bush, granted summary judgment for the plaintiffs and made the order applicable to all California public schools. In his opinion, Benitez wrote that the public school system had erected a "communication barrier between parents and teachers."

"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."

Benitez also cited the U.S. Supreme Court's decision in Mahmoud v. Taylor, which this summer affirmed that public-school parents may opt out of materials or classroom discussions that conflict with their religious beliefs. The judge referenced guidance from the California Department of Education but said the case did not primarily hinge on Assembly Bill 1955, which addressed the disclosure of a student's gender identity.

California Gov. Gavin Newsom speaks during a rally with Harris County Democrats at the IBEW local 716 union hall on Saturday, Nov. 8, 2025, in Houston.

Reaction and Next Steps

The Thomas More Society, a Chicago-based conservative Catholic law firm that litigated the case, called the decision a "landmark class-action ruling," with attorney Paul Jonna describing it as an "incredible victory" against what the group called California's "gender secrecy" policies.

Opponents of the ruling — including the California Legislative LGBTQ Caucus and the ACLU of Southern California — criticized the decision. The caucus said the opinion "deliberately injects confusion" about the state's SAFETY Act and warned it could undermine privacy and nondiscrimination protections. The ACLU characterized the ruling as part of a broader national challenge to transgender rights and said it expected an appeal.

Attorney General Rob Bonta filed a brief seeking a stay of the injunction, arguing the district court misapplied the law and indicating the state would appeal. Bonta's office said it remains committed to ensuring schools are safe environments where transgender students can participate authentically while also recognizing the role of parents.

Context

The decision arrives after more than a dozen California school boards adopted parental-notification policies requiring staff to inform parents if a student requested to be referred to by a name or gender different from their birth assignment. In 2024, Gov. Gavin Newsom signed the Support Academic Futures and Educators for Today's Youth Act (the SAFETY Act), which became part of the broader legislative context for these disputes.