In a pivotal ruling for parental rights, U.S. District Court Judge Roger T. Benitez refused to dismiss a class-action lawsuit against California’s controversial policies requiring educators to keep parents uninformed when their children express gender confusion or request to change their names and pronouns at school. The decision, handed down on January 7, 2025, denies the motions filed by California Attorney General Rob Bonta and the California Department of Education to throw out the case, allowing the suit to move forward toward potentially transformative statewide implications.
Teachers Not Required to Keep Secrets from Parents
In a powerful statement addressing the rights of educators, Judge Benitez clarified that teachers are under no obligation to follow policies that compel them to deceive or withhold information from parents. Judge Benitez emphasized that “teachers do not completely forfeit their First Amendment rights in exchange for public school employment.” He noted that while teachers may be required to deliver specific curricula, the government cannot force them to act unlawfully or infringe on parental rights. Benitez agreed with the plaintiffs that state policies compel them to act in ways that are “intentionally deceptive and unlawful,” violating the teachers’ First Amendment rights.
Upholding Parents’ Constitutional Rights
Judge Benitez also emphasized long-standing constitutional protections for parents in the upbringing and health decisions of their children. “Parents’ rights to make decisions concerning the care, custody, control, and medical care of their children is one of the oldest of the fundamental liberty interests that Americans enjoy,” he wrote, rebuking the state’s argument that parents have no fundamental right to be informed of their child’s gender identity at school. “However, under California state policy and EUSD policy, if a school student expresses words or actions during class that are visible signs that the child is dealing with gender incongruity or possibly gender dysphoria, teachers are ordered not to inform the parents.“
Ultimately, the judge denied the state’s efforts to dismiss the case, stating, “There are no controlling decisions that would compel this Court to limit or infringe parental rights, notwithstanding the State’s laudable goals of protecting children.”
The ruling directly challenges California’s “Parental Exclusion Policies,” which have allowed schools to hide critical gender identity information from families under the guise of student privacy. Judge Benitez concluded that parents have a constitutional right to know about their child’s gender incongruity, especially when such conditions could lead to significant mental health issues like depression or suicidal ideation.
Broad Implications for State Policy
The lawsuit is now free to move forward, and if successful, it could dismantle policies statewide that currently compel educators to bypass parents on sensitive matters concerning gender identity. This would represent a significant victory for parental rights advocates who argue that these policies infringe on the fundamental rights of families and erode trust between parents and schools.
Legal Counsel Speaks Out
Paul Jonna, Special Counsel for the Thomas More Society and a lead attorney on the case, hailed the decision as a milestone moment for parental rights. “We are incredibly pleased that the Court has denied all attempts to throw out our landmark challenge to California’s parental exclusion and gender secrecy regime,” Jonna said in a press release. “Judge Benitez’s order rightly highlights the sacrosanct importance of parents’ rights in our constitutional order and the First Amendment protections afforded to parents and teachers.”
Jonna emphasized the broader goal of achieving statewide relief for all parents and teachers affected by the secrecy policies, adding, “We look forward to continuing to prosecute this case against California Attorney General Rob Bonta and the other defendants, to put this issue to rest once and for all—by obtaining class-wide relief on behalf of all teachers and parents.”
Reaction from California Family Council
Greg Burt, Vice President of the California Family Council, praised the ruling for upholding parental rights. “This decision is a critical step toward restoring the sacred bond between parents and children,” Burt stated. “When government policies force schools to keep secrets from families, they cross a dangerous line. Judge Benitez’s ruling reaffirms that parental rights are not a secondary concern but a cornerstone of our constitutional freedoms.”
A Collision of Rights
Judge Benitez also addressed the tension between a child’s right to privacy and parents’ right to be informed. While acknowledging the competing interests, he concluded, “In a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child.” This statement sets a clear precedent favoring parental oversight in matters of health and education.
Looking Ahead
As Mirabelli v. Olson proceeds, the case is likely to garner increased attention, setting the stage for a broader examination of how states balance student privacy with parental rights. The outcome could redefine policies across California and potentially influence similar debates nationwide.
