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Federal judge strikes down California school’s gender identity policy

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A federal judge on Monday struck down California school policies that prevent schools from revealing a student’s gender to their parents.

The class action lawsuit, filed by California teachers and parents, sought to overturn policies that prevent K-12 teachers from notifying parents when students use names or pronouns different from those given at birth.

San Diego US District Judge Roger Benitez, a George W. Bush appointee, ruled in favor of two Escondido School District teachers, Elizabeth Mirabelli and Lori Ann West, who argued that their school district’s policies “clearly prohibit teachers from respecting the wishes of parents.”

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In the lawsuit, filed in April 2023, the middle school teachers named several district officials and said the district’s policies violated their constitutional and religious rights.

California state officials named in the lawsuit include Superintendent Tony Thurmond, Attorney General Rob Bonta and the State Board of Education.

The decision issued by Benitez applies to all public schools in California, not just the district in which the case was filed. The judge wrote in his order granting summary judgment that the California public school system had placed a “barrier to communication between parents and teachers.”

“Parents and guardians have a constitutional right to be informed if a child attending a public school expresses gender nonconformity,” Benitez wrote. “Teachers and school staff have a constitutional right to accurately notify their student’s parent or guardian when a student expresses gender nonconformity.”

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A parent of a transgender child raised the LGBTQ+ flag in front of the Supreme Court building.

A transgender rights supporter takes part in a rally outside the US Supreme Court as justices hear arguments in a transgender health rights case on Dec. 4, 2024, Washington, DC. (Kevin Dietsch/Getty Images)

The decision of the US Supreme Court in Mahmoud v. Taylor this summer was mentioned by Benitez in his decision. The Supreme Court decision gave parents of public schools the right to withdraw from lessons and discussions that conflict with their beliefs.

As reported by EdSource, while Benitez’s decision reflects the guidance the California Department of Education shares with school districts, he said the case is not rooted in California’s 1955 Assembly Bill, which prohibits forcing teachers to reveal the gender of their students.

In response to more than a dozen California school boards adopting parental notification policies that require school staff to notify parents if a student requests to be called a name or gender different from the one assigned at birth, California Gov. Gavin Newsom signed the Support Academic Futures and Educators for Today’s Youth — known as the SAFE Act — in 2024.

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

The Chicago-based Catholic law firm that took on the case, the Thomas More Society, released a statement on Monday’s decision and hailed the decision as a “historic decision.”

“Today’s stunning victory finally, and forever, ends California’s dangerous and unconstitutional sex-hiding policies in schools,” said Paul Jonna of the Thomas More Society.

Following Benitez’s decision, the California LGBTQ Legislative Caucus issued a statement arguing that the judge’s decision “deliberately confuses the public’s understanding” of the state’s SAFETY Act and “demonstrates an alarming determination to undermine longstanding constitutional rights to privacy and nondiscrimination protections throughout California law.”

The ACLU of Southern California criticized the decision, writing, “This case is part of a nationwide, systematic attack on trans people and all those who represent trans youth. California must remain steadfast in its commitment to support trans youth and we look forward to seeing state leaders stand up for trans and transgender students by promptly pursuing a complaint.”

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Attorney General Bonta also responded to Benitez’s decision, filing a brief on Monday to suspend the court order. EdSource reported that Bonta’s spokesperson said the district court misapplied the law and the decision will eventually be overturned on appeal.

“We are committed to ensuring school environments that allow transgender students to participate safely as themselves while recognizing the important role parents play in students’ lives,” Bonta’s office said in a statement.

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