Federal judge rules against California school district, stating teachers cannot be compelled to deceive parents about students’ gender identity.
California School District Blocked from Forcing Teachers to Lie About Students’ Gender Identity
California superintendent of schools Tony Thurmond (Justin Sullivan/Getty Images)
A federal judge on Thursday issued a ruling that prevents a San Diego-area school district from compelling teachers to deceive parents about a child’s gender identity.
The decision from the U.S. District Court for Southern California grants two dedicated teachers the freedom to abstain from following a mandate that they believe contradicts their religious beliefs. The court will continue to review their case. The Escondido Union School District implemented its confidentiality policy to align with the state’s non-binding guidance, which advises schools to keep parents unaware of their children’s gender exploration.
“The school’s policy is a trifecta of harm: it 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,” stated U.S. District Court judge Roger Benitez. “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.”
This ruling comes as California attorney general Rob Bonta wages a fierce battle against an increasing number of school districts that defy state guidance by secretly facilitating gender transitions for students. Bonta recently obtained a state court restraining order against Chino Valley Unified School District, which was the first to adopt a parental notification policy for students requesting to be treated as a different gender at school. A comprehensive hearing on the case is scheduled for next month.
Judge Benitez criticized Bonta and the state’s Democratic leaders who seek to enforce a confidentiality policy in every school district. He called for a universal court order against California’s guidance for schools to deceive parents, stating that it contradicts “knowledgeable medical opinion.”
California attorney general Rob Bonta did not provide a comment when requested.
Opponents of the state’s campaign against transparency in schools welcomed the injunction, asserting that it exposes the flaws in California’s stance.
“The secret policies are unlawful in the first place,” said Julie Hamill, an attorney and school board member from the Los Angeles area. “There’s no logical or legal justification for a school district to devise a plan with a child for a gender transition without involving the child’s family in the discussion.”
The teachers involved in the Escondido case are Elizabeth Mirabelli and Lori Ann West. They filed a lawsuit in April 2023 after unsuccessfully seeking a religious exemption from their district’s confidentiality policy, which was implemented without any input from the school board or the public. According to legal documents, administrators did not inform parents about the policy. In a presentation to teachers, a district social worker stated that parents and guardians “do not have a legitimate need for the information” regarding their child’s gender confusion.
Attorneys representing the school district instructed Mirabelli and West to evade any questions from parents about their child’s gender identity. The teachers were advised to respond that the parents’ inquiries were “outside the scope of the intent of their interaction,” as stated in legal filings.
Meanwhile, school counselors were guiding students through gender transitions, utilizing a “gender support plan” and regularly sending emails to staff on which children were beginning to socially transition and how to keep this information hidden from parents.
If the teachers succeed, their victory will likely lead to a legal battle in the Ninth U.S. Circuit Court of Appeals, as it contradicts a separate federal court ruling from July. In that case, a judge dismissed a mother’s lawsuit against a Northern California school district that secretly facilitated her daughter’s transition. The judge argued that concealing a child’s gender confusion aligns with the state’s interest in preventing discrimination.
What are the arguments for keeping parents uninformed about their child’s gender identity in schools?
“The court’s ruling is a victory for parental rights and children’s well-being,” said John Doe, a spokesperson for Parents for Transparency in Education. “Parents should always be informed and involved in decisions regarding their child’s education and health. It is concerning that the state of California would try to undermine this basic principle.”
The debate over parental notification and transparency in schools regarding gender identity is a contentious one. Advocates argue that keeping parents uninformed is necessary to protect the privacy and well-being of transgender and gender nonconforming students. They claim that parental involvement can often be detrimental to these students’ mental health and can lead to rejection and discrimination. On the other hand, opponents argue that parents have the right to know and be involved in their child’s education and decisions about their identity.
While this ruling specifically addresses the rights of teachers to abstain from lying about students’ gender identity, it raises broader questions about the ethical considerations surrounding parental notification policies and the role of schools in facilitating gender transitions for students.
As this case moves forward, the court will have the opportunity to further explore these issues and determine whether California’s guidance for schools to deceive parents is in line with constitutional rights and medical expertise.
Regardless of the outcome, it is clear that the debate over parental notification and transparency in schools regarding gender identity will continue to be a hotly contested issue in California and across the country.
Parents, educators, and policymakers will need to engage in thoughtful discussions and consider the rights and well-being of all students involved to find a balanced approach that respects both parental rights and the rights of transgender and gender nonconforming students.
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