Federal Judge Rules California's School Policies on Concealing Students' Gender Identity Changes from Parents Unconstitutional

San Diego, California - December 22, 2025--A federal judge in the Southern District of California issued a ruling today declaring that state-guided school policies requiring educators to withhold information about a student's gender identity changes from parents violate constitutional rights.

U.S. District Judge Roger T. Benitez, in the case Mirabelli v. Olson, held that such "parental exclusion" policies infringe on parents' Fourteenth Amendment substantive due process rights to direct the upbringing of their children, as well as teachers' First Amendment rights.The decision follows a class-action lawsuit brought by teachers Elizabeth Mirabelli and Lori Ann West, represented by the Thomas More Society, against the Escondido Union School District, the California Department of Education, and state officials. The suit challenges policies that instruct school staff to use a student's preferred name and pronouns at school while concealing this information from parents unless the student consents.In his opinion, Judge Benitez answered four key questions affirmatively: Parents have a constitutional right to information about their child's gender identity at school, and teachers have a right to provide accurate information to parents.

He cited longstanding U.S. Supreme Court precedents, including Wisconsin v. Yoder (1972), emphasizing parents' primary role in their children's education and care.The ruling builds on prior developments in the case, which began in 2023. In September 2023, Benitez granted a preliminary injunction protecting the plaintiff teachers from discipline for refusing to comply with the policy.

The case was certified as a class action in October 2025, representing California teachers and parents affected by similar policies.Benitez concluded that parents' fundamental rights prevail over competing claims of student privacy in this context, stating that schools cannot impose secrecy that interferes with parental decision-making on significant matters like gender transition.

The decision could impact similar policies in school districts across California and may influence related debates nationwide regarding parental notification in education. No immediate response from state officials or the California Department of Education was available at the time of this report. Appeals are possible.