Now the ruling in Mirabelli v. Olson by Judge Roger Benitez is on hold while it’s considered by the 9th Circuit Court of Appeals.
Benitez, appointed to U.S. District Court by George W. Bush, ruled on Dec. 22 that parents have a constitutional right to know if their minor child expresses gender confusion or begins a gender transition while at school.
California Attorney General Rob Bonta and other state leaders have insisted that schools must conceal information about a student’s gender identity or expression from their parents.
Bonta’s own State-of-California website asserts a sweeping individual “right” to conceal gender identity, including from parents:
“You have the right to disclose – or not disclose – your gender identity on your own terms, regardless of your age. Your school, whether public or private, doesn’t have the right to ‘out’ you as LGBTQ+ to anyone without your permission, including your parents,” it states.
Now that “right” remains in question as Bonta quickly appealed the decision. Benitez’ ruling, if it wins the legal fight, gives rights back to parents.
The fight began in April 2023 by two now-former Escondido Union School District teachers, Elizabeth Mirabelli and Lori Ann West. Citing their Christian faith, the two challenged their district’s policy barring school employees from telling parents about a student’s transgender status without the student’s consent, arguing it violated their First Amendment rights, EdWeek reported.
Greg Burt of the California Family Council says the Benitez ruling saves parental rights from a rogue state government.
The status quo of schools as partners in secrecy with gender-confused minors violates the Constitution, he says.
“The federal judge has decided that California's laws that allow for the secret transitioning of kids at school is unconstitutional, something we have been arguing the whole time. So, we’re glad to see we have judges that will force California to obey the Constitution.”
Crossing the finish line
Now, Burt said, getting the ruling implemented is the next important step.
“It really is vindication regarding what we've been saying all along. The attorney general here in California has been lying to schools and to parents, and we are glad to see that we have a federal Constitution that keeps states like California accountable."
The California ruling but it can have nationwide ramifications.
“The case actually just affects California because California's the one with the policy. But what can happen is in a different state another teacher can file a lawsuit and then they can point to this judge's decision as precedent. So, it just helps the whole country really."
