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** Judge Certifies Class Action for Parents and Teachers in Lawsuit Challenging California's Gender Secrecy Rules
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Dear John,
A federal judge has certified a landmark class action lawsuit ([link removed]) that could finally bring an end to California’s state-sanctioned “Parental Exclusion Policies” that order teachers to hide a child’s gender transition at school from their own parents.
U.S. District Judge Roger Benitez of the Southern District of California issued the October 15 order in Mirabelli v. Olson, a lawsuit filed by two San Diego-area teachers who sued the Escondido Union School District (EUSD) over its secrecy policy.
EUSD’s policy ([link removed]) required teachers to be complicit in the school’s scheme to hide a student’s gender transition at school. Teachers were instructed to use a student’s new name and pronouns at school, but revert to the student’s legal name and biological pronouns when speaking with parents — forcing teachers to conceal a child’s new “gender identity” from parents.
Teachers Elizabeth Mirabelli and Lori West rightly argue that the policy violates their free speech and religious freedom rights under the First Amendment and infringes on parents’ Fourteenth Amendment right to direct their children’s upbringing.
The court’s class certification means the case now covers all California parents and teachers who object to school district policies that hide children’s gender transitions from their parents.
In his order, Judge Benitez wrote that “Injunctive relief on behalf of the proposed class would achieve systemic changes to the California Department of Education that would obviate the need for future lawsuits seeking similar relief.” In other words, a ruling in this class action lawsuit could end gender secrecy policies in schools statewide.
“This is a watershed moment for parental rights and religious freedom in education,” said Paul Jonna, Special Counsel for the Thomas More Society in a press release ([link removed]) . “With this class action certified, every affected parent and teacher in California now has a voice in court.”
In September 2023, Judge Benitez made headlines when he granted a preliminary injunction in the Mirabelli case, ordering the school district to stop enforcing its secrecy policy against the two plaintiff teachers while the case was pending. In the ruling, Benitez wrote that the district’s policy creates a “trifecta of harm”:
“[I]t harms the child who needs parental guidance and possibly mental health intervention to determine if the incongruence is organic or whether it is the result of bullying, peer pressure, or a fleeting impulse. It harms the parents by depriving them of the long recognized Fourteenth Amendment right to care, guide, and make health care decisions for their children. And finally, it harms plaintiffs who are compelled to violate the parent’s rights by forcing plaintiffs to conceal information they feel is critical for the welfare of their students—violating plaintiffs’ religious beliefs.”
The fight over parental rights has become one of the most high-profile legal battles in California over the last few years. Official guidance from the California Department of Education had previously instructed school districts to keep gender transitions secret from parents. When the Chino Valley Unified School Board adopted a parental notification policy requiring district schools to inform parents about students’ gender changes, school boards across the state followed their lead. To stop the spread of these popular policies, Attorney General Rob Bonta sued Chino Valley Unified.
But while the Chino Valley case and Mirabelli were still moving through the courts, the California Legislature took the unprecedented step of passing AB 1955, signed by Gov. Gavin Newsom in July 2024. The new law banned parental notification policies statewide — a shocking power grab to usurp parental rights and the authority of local school boards.
In response, CPC’s California Justice Center filed a complaint ([link removed]) with the U.S. Dept. of Education, making the case that AB 1955 violates the federal Family Educational Rights and Privacy Act (FERPA). FERPA guarantees parents access to student records, including school records about a student’s gender identity. In March, the Trump Administration launched an investigation ([link removed]) to determine if California’s AB 1955 violates FERPA.
Now, Mirabelli v. Olson stands to deliver a final blow to Bonta and Newsom’s campaign to force schools and teachers to lie to parents.
The class certification in Mirabelli sets up a pivotal summary judgment hearing on November 17, when Judge Benitez will decide whether California’s “Parental Exclusion Policies” violate the constitutional rights of parents and teachers. A summary judgment allows a judge to rule without a full trial if the key facts are undisputed. If granted, the ruling would end gender secrecy policies in school districts statewide. If it’s not granted, the case will proceed to trial.
“The class certification in Mirabelli is a huge win for parental rights in California,” said Emily Rae, president of CPC's California Justice Center. “For the first time, every teacher and parent who objects to the state’s gender secrecy mandates is represented in a single case.”
“This certification gives families and educators across California a unified voice to challenge policies that keep secrets from parents and force teachers to choose between honesty and their jobs,” Rae said.
Rae has served as the lead attorney on several lawsuits challenging California’s parental exclusion policies — cases originally brought by the Liberty Justice Center and now joined by the California Justice Center. These include a lawsuit targeting AB 1955 currently before the Ninth Circuit Court of Appeals, lawsuits defending Rocklin Unified School District’s parental notification policy against attacks by the California Department of Education and local teachers’ union, and the now-concluded lawsuit defending Chino Valley’s parental notification policy against an attack by California Attorney General Rob Bonta in California state court.
If you’d like to make a donation to support the California Justice Center's vital work protecting the rights of Californians, you can do so here ([link removed]) .
New Podcasts ()
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** Left, Right & Center: What is Trump trying to do in Venezuela?
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CPC president Will Swaim returns to the Left, Right & Center podcast this week to discuss President Trump’s military strike on a boat in the Pacific Ocean to stop narcoterrorists, the nationwide “No Kings” protests, and California’s Prop 50. Listen now. ([link removed])
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** Radio Free California #413: Newsom 2028!
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On this week's podcast with CPC president Will Swaim and CPC board member David Bahnsen: He's among the nation’s worst governors, but Gavin Newsom has the inside track on the race for the White House. Bombs bursting in air (at the Marine Corps’ anniversary celebration starring JD Vance), the California Faculty Association is ready to fight fascists, and Nancy Pelosi is still alive (and maybe not a fan of State Sen. Scott Wiener). Listen now. ([link removed])
More from CPC ()
** For Non-Partisan California Voters, Prop 50 is a Questionable Proposition
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For partisan Democrats and Republicans, deciding how to vote on Prop 50 may be simple, but for decline-to-state and third-party voters, as well as less passionate major party registrants, the choice will revolve around whether Prop 50 promotes good government. CPC visiting fellow Marc Joffe explains why, on this score, the measure fails badly. Read the article. ([link removed])
** Prop 50 Primer: Redistricting in California
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With Proposition 50 on the November ballot, many Californians are wondering what the ballot measure would do and how redistricting works. This CPC primer outlines California’s current redistricting system, traces how it developed through previous propositions, and explains the choice voters face in the upcoming special election. Read now. ([link removed])
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