The United States Supreme Court struck a blow against the California Department of Education and schools that hide information from parents about a child’s sexual identity confusion.
In a 6-3 per curiam [by the Court] decision, the justices struck down a Ninth U.S. Circuit Court of Appeals decision that had blocked a lower court decision affirming parents’ rights over school “transgender parental exclusion policies.”
The case, Mirabelli v. Bonta, involved California teachers who were forced to lie to parents about children’s “transgender” ideation, as well as the parents whose rights were violated by those lies.
In a press release announcing the victory for parental rights and religious freedom, the Thomas More Society called the decision “historic and groundbreaking,” saying the ruling “dismantles California’s secret gender transition regime.”
“Transgender identity” is a serious mental health issue, often accompanied by other significant mental, social and psychological problems. Children wrestling with sexual identity confusion often have deep-seated hatred of their bodies, accompanied by the mistaken belief that they can somehow change their sex with dangerous and experimental medical interventions.
Of course schools should inform parents if their children are wrestling with these challenges.
Following the Court’s ruling, California schools can no longer hide this vital information from parents while this case continues to make its way through the courts.
The Thomas More Society, which fights on behalf of life, family and freedom, explained the significance of the ruling:
The landmark 6-3 decision is the most significant parental rights ruling in a generation. The Court found that California’s secret transition regime likely violates parents’ rights under both the Free Exercise Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment, holding that the state “cut out the primary protectors of children’s best interests: their parents.”
The opinion has important ramifications, as almost 40 similar cases are making their way through the courts.
The case began in April 2023 when Thomas More brought a lawsuit on behalf of two middle school teachers, Elizabeth Mirabelli and Lori Ann West, against the Escondido Unified School District “over policies requiring them to keep secrets from, and even lie to, parents about their minor-age students.”
In its recent decision, the Supreme Court explained how the case grew from there:
During litigation, the school district claimed that state law, as interpreted by the California attorney general and Department of Education, required it to adopt these policies. So the teachers added state officials as defendants, and parents of California schoolchildren joined the lawsuit as plaintiffs.
One set of parents, “John and Jane Poe,” rejected transgender dogma, including the idea that children have a “gender identity” different from their sex. But their school affirmed their seventh-grade daughter’s use of a male name and male pronouns.
Sadly, as the opinion explains:
At the beginning of their daughter’s eighth-grade year, she attempted suicide and was hospitalized. Only then did her parents learn from a doctor that she had gender dysphoria and had been presenting as a boy at school.
The parents moved her to a different school, but educators there also affirmed her delusion,“citing their obligations under California state law.”
Similarly, a school hid another seventh-grade girl’s shift to using a male name and pronouns from her parents, “John and Jane Doe,” who also joined the case.
From these beginnings, the case grew into a class action lawsuit on behalf of all California parents and educators who disagreed with state transgender mandates, for religious or other reasons.
The California Department of Education had based its parental exclusion policies on state anti-discrimination and privacy statutes. The department argued that telling parents about children’s sexual identity confusion violated students’ right to privacy and was discriminatory.
But parents and teachers countered, saying their First and Fourteenth Amendment rights were violated. Judge Roger T. Benitez of the U.S. District Court for the Southern District of California agreed, issuing a preliminary injunction.
He ruled that the school district and the state could not enforce the “offensive policy while the case is under court consideration.”
The Ninth Circuit overturned that ruling in favor of the state, so plaintiffs appealed to the high Court.
This decision only overturned the Ninth Circuit ruling on behalf of parents and did not discuss the issue of educators being forced to lie.
Per curiam decisions are usually anonymous and unsigned, but several Justices signaled their agreement with this one: Clarence Thomas and Samuel Alito said they would have granted the request to overrule the Ninth Circuit in full; Sonia Sotomayor would have denied the application; and Neil Gorsuch was part of the 6-3 majority.
Justice Amy Coney Barrett wrote a concurring opinion discussing the religious freedom and substantive due process issues, with Chief Justice John Roberts and Justice Brett Kavanaugh joining her.
Justice Elena Kagan, joined by Justice Ketanji Brown Jackson, dissented from the decision, saying the Court had acted precipitously and could have chosen one of the almost 40 similar cases to fully evaluate the issues.
The case is Mirabelli v. Bonta.
Related articles and resources:
Thomas More Society: Mirabelli, et al. v. Bonta and U.S. Supreme Court Delivers Historic, Groundbreaking Victory for Parental Rights, Dismantles California’s Secret Gender Transition Regime
California Teachers Told to Hide Information About Students’ ‘Gender’ From Parents – They’re Suing
California Schools May Not Hide Students’ ‘Gender Identity’ From Parents
Exclusive Interview: Colorado Parents Expose ‘Gender Cult’ at Public School in New Documentary
Florida Parents Sue School for Helping Teen ‘Transition’ – Without Their Knowledge or Consent
Supreme Court Declines to Hear Colorado Case on Parental Rights, Still Considering Two Similar Cases
