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Schools Can’t Bar Teachers From Telling Parents if Children Are Transgender, Judge Rules

Judge Benitez ruled California's gender-secrecy school policies violate parents' constitutional rights and teachers' free speech, ordering immediate policy and training changes statewide.

  • On Monday, U.S. District Judge Roger Benitez granted summary judgment and a permanent injunction blocking California public school districts from withholding information about students' gender identity, resolving a class-action lawsuit filed April 2023.
  • Plaintiffs Elizabeth Mirabelli and Lori Ann West sued citing First Amendment rights, while State Defendants argued secrecy policies protect students from bullying and harm.
  • The injunction bars state officials from misleading parents, bans using non-matching pronouns or names if parents object, and requires a constitutional statement in training materials; Dr. Anderson stated, 'My objection is depriving parents of the knowledge of what's going on with their child's gender at school, particularly if the child chooses a different preferred name and pronouns and wants accommodations and that is information that is shared throughout the school by teachers, staff, and students. To deprive parents of that information is a grave mistake in my opinion.'
  • Attorney General Rob Bonta's office appealed and filed to stay Benitez's order, arguing the court misapplied the law and warning it would create chaos among students and staff.
  • Benitez cited Mahmoud v. Taylor earlier this year applying parental and religious rights precedents, while three Supreme Court Justices recently called the issue 'particularly contentious' and advocates warned it threatens Equality California and the SAFETY Act.
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Santa Monica Observer broke the news in on Monday, December 22, 2025.
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