Federal Court Strikes Down California's Gender Identity Secrecy Policy in Schools

A federal judge permanently blocked California school policies that hid students' gender identity changes from parents, citing constitutional violations of parental rights and religious freedoms. Pixabay, qimono

A federal judge has permanently blocked California policies that required schools to withhold information about students' gender identity changes from parents, ruling the practices unconstitutional.​

Judge's Ruling and Legal Arguments

U.S. District Judge Roger T. Benitez issued the ruling on December 22, 2025, in response to a class-action lawsuit filed by two Christian teachers from the Escondido Union School District near San Diego. The decision affects all public schools across California and marks a significant shift in how schools must handle student gender identity matters.​

The lawsuit was brought by Elizabeth Mirabelli and Lori Ann West, both veteran educators who objected to district policies requiring student consent before teachers could inform parents about gender-related issues, according to the Baptist Press. The teachers, who each had more than two decades of teaching experience, argued the policy violated their religious beliefs by forcing them to conceal information from parents.​

In his 52-page ruling, Judge Benitez wrote that the policies created a "trifecta of harm" affecting children, parents, and teachers. He stated that parental exclusion policies harm children who need parental guidance, deprive parents of their Fourteenth Amendment rights to make healthcare decisions for their children, and burden the First Amendment religious rights of both parents and teachers.​

Implementation and Legal Appeals

The ruling permanently prohibits California school districts from misleading parents about their children's gender presentation at school, ABC6 reported. School employees cannot use different names or pronouns when speaking with parents than what is used at school, and they cannot prevent parents from accessing educational records.​

California Attorney General Rob Bonta immediately appealed the decision on December 29, 2025. The state argues that disclosure without consent could cause harm to students who may not feel safe coming out at home. A federal appeals court has issued a temporary administrative stay while it considers whether to grant a longer-term pause pending the full appeal.​

The ruling requires state training materials to include a statement affirming that parents have a federal constitutional right to be informed if their child expresses gender incongruence, and that these federal rights supersede state or local policies.​

Mirabelli and West have been reinstated to their teaching positions after being placed on paid administrative leave for more than six months. The case was expanded into a class-action lawsuit in August 2024, seeking protections for parents, teachers, and school districts statewide, as per the Thomas More Society.

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