A federal judge has ruled that California teachers may inform parents if a student expresses a gender identity at school that differs from official records, a decision that immediately sparked a legal showdown and reopened a long-running debate over parental rights, student privacy, and LGBTQ+ protections.
The late December ruling, issued by U.S. District Judge Roger Benitez, sides with educators who say state policies forced them to choose between their jobs and their beliefs. While hailed by conservative legal groups and parent-rights advocates, the decision drew swift criticism from civil rights organizations, and was appealed by the state within hours.
What the Ruling Allows and Forbids
At the heart of the decision is Benitez’s conclusion that federal law protects a school employee’s right to notify parents about what he called a student’s “gender incongruence.” According to the order, teachers and staff may choose to share information with parents if a student presents a different name or pronouns at school.
The ruling also blocks districts from instructing employees to mislead parents. That includes withholding education records, using different names with parents than those used in class, or avoiding direct questions about a child’s gender presentation.
“California public schools may be gun-free zones, but they are not First Amendment-free zones,” Benitez wrote in the accompanying opinion, arguing that religious educators cannot be compelled to speak in ways that contradict their beliefs.
Why California Appealed Immediately
State officials warned that the ruling disrupts long-standing protections designed to keep LGBTQ+ students safe — especially those who may not feel secure coming out at home.
Christine Parker, a senior attorney with the ACLU of California, said the decision undercuts efforts to ensure schools remain supportive environments for students navigating family rejection or uncertainty. The state appealed the ruling the same day it was issued, and a federal appeals court has temporarily paused its enforcement while reviewing whether the order should take effect during litigation.
The Teachers Behind the Lawsuit
The case was filed in April 2023 by two longtime educators in San Diego County: Elizabeth Mirabelli, a middle school English teacher, and Lori Ann West, a physical education instructor. Both had decades of classroom experience and previously received local honors, according to court filings.
They argued that district policies, based on state guidance, prevented them from disclosing information to parents in ways that conflicted with their Catholic faith. When requests for religious accommodation were largely denied, they sued with backing from the Thomas More Society, a conservative legal organization.
The lawsuit expanded into a class action, ensuring the outcome applies statewide.
Conflicting laws, unclear paths
California law still prohibits school districts from requiring parent notification regarding a student’s gender identity. That statute, passed in 2024, was intended to stop local districts from adopting mandatory disclosure policies.
Benitez did not strike down that law. Instead, his ruling creates a legal tension: state law allows teachers to keep information private, while federal law, under his interpretation, allows them to disclose it.
Legal scholars say districts now face a policy maze.
Erwin Chemerinsky, dean of UC Berkeley School of Law, called the ruling vulnerable on appeal, noting the unresolved balance between parental authority and a child’s autonomy at school.
What Happens Next
Benitez ordered the state to update teacher training materials and include language stating that federal constitutional rights override conflicting state policies. He also barred schools from requiring staff to use names or pronouns that conflict with a student’s legal records if parents object.
In his reasoning, the judge leaned heavily on a 2024 Supreme Court decision allowing parents to opt children out of LGBTQ+-inclusive lessons, a comparison critics say stretches precedent.
Kimberly West-Faulcon, a constitutional law professor at Loyola Marymount University, said the dispute is far from over. “This is exactly the kind of issue that could land before the Supreme Court,” she said.
For now, California schools remain caught between two legal interpretations, and a cultural conflict with no easy resolution.
