In a landmark decision that could upend California’s controversial parental secrecy policies, a federal judge has allowed a class action lawsuit to proceed, challenging the constitutionality of policies that keep parents in the dark about their children’s struggles with gender dysphoria and gender confusion. The lawsuit, if successful, would render the recently signed AB 1955, banning gender notification policies, irrelevant and could open the door for teachers and parents to sue school districts statewide, effectively dismantling the gender secrecy system imposed by the California Department of Education, Governor Gavin Newsom, Attorney General Rob Bonta, and State Superintendent of Public Instruction Tony Thurmond.
The Class Action Lawsuit: A Turning Point
The class action lawsuit, spearheaded by concerned parents and teachers and supported by the Thomas More Society, targets the so-called “parental exclusion policies” adopted by several California school districts. These policies, which have been promoted by state education authorities, mandate that schools withhold information from parents regarding their children’s gender identity and any related struggles, unless the child consents to such disclosure.
The plaintiffs argue that these policies violate the constitutional rights of parents to direct the upbringing and care of their children. They also assert that the policies place children at risk by denying parents the ability to provide the necessary support and guidance during critical periods of their children’s development.
In a significant ruling last week, the federal judge overseeing the case brought by two Christian public school teachers in Escondido granted their request to amend the complaint. This decision allows the case to proceed as a class action on behalf of all California parents and teachers with children in public schools. Federal Judge Roger T. Benitez’s decision not only legitimizes the concerns of the parents and teachers involved but also signals the court’s willingness to consider the broader implications of these policies on parental rights and child safety.
According to Thomas More Society Attorney Paul Jonna the decision is a “game changer.” If they go on to win their case, it will affect every school district in the state. “And every school district would be prohibited from enforcing gender secrecy policies on teachers who have religious objections or even ideological objections to the policies and any parent that has a child that has gender dysphoria,” Jonna explained. “School districts would face massive liability if they tried to enforce these policies statewide.”
The Impact on AB 1955
Governor Gavin Newsom recently signed AB 1955 into law, a bill codifying parental secrecy policies into state law by banning school policies requiring parents to be notified if a student asks to change their names and pronouns at school. The bill was framed by its supporters as a necessary measure to protect the safety of children from parents who might disapprove of gender transitioning and to protect the supposed privacy and autonomy rights of students grappling with gender identity issues. But if this federal class action is successful, AB 1955 will become toothless.
“This is really, really, really big,” Jonna said. “So, essentially, their whole gender secrecy system collapses if we win this case.”
California Family Council (CFC) agree that gender secrecy policies and AB 1955 undermine parental rights and persecute parents with Christian beliefs about gender and sex. They also believe these policies endanger children by promoting a culture of secrecy, where adults can manipulate kids and keep parents in the dark about important aspects of their children’s lives.
“This is a critical moment for parental rights in California,” said Greg Burt, Vice President of California Family Council, expressing his support for the lawsuit. “For too long, the state has operated under the false assumption that it knows what’s best for our children better than we do as parents. This lawsuit is a necessary step to restoring the rights and responsibilities God has given to families. If successful, it will send a clear message that parents must be involved in the most important decisions affecting their children’s lives.”
A Tidal Wave of Legal Challenges
The lawsuit also represents a broader backlash against the aggressive promotion of gender ideology in California’s public schools. For years, parents and educators who questioned the state’s approach to gender issues were dismissed or silenced. But now, with the federal judiciary taking their concerns seriously, the tide appears to be turning.
At its core, this lawsuit is about more than just parental rights—it’s about parents’ role in guiding their children’s development and schools’ responsibility to support, not undermine, that role. By allowing the lawsuit to proceed, the federal judge has opened the door to a potential collapse of the gender secrecy system that has been imposed on California schools by state authorities.
