SAN DIEGO, Calif. (FOX26) — A federal judge has ruled that California’s policies requiring schools to conceal a student’s gender identity from parents are unconstitutional, marking a significant legal victory for parental rights and teacher protections.
In the case of Mirabelli v. Olson, U.S. District Judge Roger T. Benitez declared that the state’s Parental Exclusion Policies violate the U.S. Constitution and must be permanently blocked.
The ruling affects all public school districts in California, ensuring parents are informed about their children’s gender identity or social transition.
For years, California Attorney General Rob Bonta and other state leaders have insisted that schools must conceal information about a student’s gender identity or expression from their parents.
On the Attorney General’s own website, the state asserts a sweeping individual “right” to conceal gender identity, including from parents:
You have the right to disclose – or not disclose – your gender identity on your own terms, regardless of your age. Your school, whether public or private, doesn’t have the right to ‘out’ you as LGBTQ+ to anyone without your permission, including your parents.
The lawsuit was initiated by two teachers, Elizabeth Mirabelli and Lori West, who challenged the Escondido Union School District’s policy that compelled them to hide students’ gender identities from parents.
The court held that California’s gender-secrecy regime, as applied in public schools, violates:
According to the court, forcing teachers to actively hide critical information from parents is not a neutral policy but affirmative state interference in the parent-child relationship, something the Constitution forbids.
Judge Benitez’s decision permanently enjoins state officials from enforcing any law or policy that misleads parents or conceals a student’s gender incongruence.
The ruling mandates that state training materials include a statement affirming parents’ constitutional rights to be informed about their children’s gender identity.
Critically, as part of the order, the court directed that a clear constitutional statement be included in state training materials such as PRISM, previously used to promote secrecy. That directive states:
Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence. 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. These federal constitutional rights are superior to any state or local laws, state or local regulations, or state or local policies to the contrary.
Advocates like Greg Burt of the California Family Council and Paul Jonna of the Thomas More Society praised the decision as a restoration of parental rights and common sense in education.
“This ruling vindicates what parents’ rights advocates have been saying all along,” said Greg Burt of the California Family Council. “The state told schools they had to keep secrets from moms and dads, and that was never true. A federal judge has now made it unmistakably clear: children do not belong to the government, parents have the right to know what’s happening with their own kids, and teachers should never be forced to lie or stay silent to keep their jobs.”
“Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools The Court’s comprehensive ruling—granting summary judgment on all claims—protects all California parents, students, and teachers, and it restores sanity and common sense,” said Paul Jonna of the Thomas More Society.
With this decisive ruling from Judge Benitez, all state and local school officials that mandate gender secrecy policies should cease all enforcement or face severe legal consequences.
The decision requires immediate policy revisions across California’s public schools to align with constitutional protections, reinforcing the role of parents in their children’s lives.
FOX26 News reached out to Attorney General Rob Bonta’s office for comment.
“Our office has filed an application to stay the district court’s injunction,” AG Bonta’s office said. “We believe that the district court misapplied the law and that the decision will ultimately be reversed on appeal.”
We are committed to securing school environments that allow transgender students to safely participate as their authentic selves while recognizing the important role that parents play in students’ lives.
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