Historic class-action victory permanently blocks gender secrecy, restores parental rights

“…the federal court found, no such right can constitutionally override the fundamental rights of parents or the protections afforded to teachers under the U.S. Constitution…School boards and administrators must revise their policies immediately to comply…” – California Family Council

By Thomas More Society

San Diego, CA- In a landmark class-action ruling, Thomas More Society achieved a historic victory in Mirabelli, et al. v. Olson, et al., ending California’s gender secrecy policies and restoring transparency and parental involvement in public education. The decision and federal court order issuing a class-wide permanent injunction—issued by U.S. District Court Judge Roger T. Benitez just days before Christmas—secures justice not only for teachers Elizabeth Mirabelli and Lori West who began the lawsuit, but for all parents and teachers harmed by these policies statewide.

Elizabeth and Lori, faithful Christians with decades of teaching experience, loved their jobs and dedicated themselves to helping children thrive in the classroom. Under California’s Parental Exclusion Policies, children had an unqualified right to engage in a social transition to the opposite gender at school—forcing all teachers to use opposite-sex pronouns and a new name—and teachers were required to conceal that gender transition from the child’s parents absent the child’s affirmative consent.

This placed Elizabeth and Lori in an impossible position: lie to parents in violation of their faith and ethics, or risk retaliation and ultimately, their jobs. Believing it violated their sacred duty to protect students’ health, safety, and trust, they turned to Thomas More Society and filed suit. Now, the U.S. District Court for the Southern District of California has agreed, noting that “California’s education policymakers may be experts on primary and secondary education but they would not receive top grades as students of Constitutional Law.”

“Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools,” said Paul M. Jonna, Special Counsel at Thomas More Society and Partner at LiMandri & Jonna LLP. “The Court’s comprehensive ruling—granting summary judgment on all claims—protects all California parents, students, and teachers, and it restores sanity and common sense. With this decisive ruling from Judge Benitez, all state and local school officials that mandate gender secrecy policies should cease all enforcement or face severe legal consequences.”

“Elizabeth, Lori, and the parents who stepped forward as class representatives to fight for families everywhere are true heroes,” Jonna added. “Whether facing professional retaliation or protecting their own children, they never wavered in their commitment to faith, family, and the truth. They challenged a system that forced deception and put children at risk. Thanks to their courage, truth and justice prevailed and these unconstitutional policies can now finally be placed in the dustbin of history.”

“We are profoundly grateful for today’s ruling,” said Elizabeth Mirabelli and Lori West in a joint statement. “This has been a long and difficult journey, and we are humbled by the support we’ve received along the way. We want to extend our deepest thanks to Thomas More Society and to everyone who stood by us, prayed for us, and encouraged us from the very beginning.”

“We loved our jobs, our students, and the school communities we served,” Mirabelli and West continued. “But we were forced into an impossible position when school officials demanded that we lie to parents—violating not only our faith, but also the trust that must exist between teachers and families. No educator should ever be placed in that situation. This victory is not just ours. It is a win for honesty, transparency, and the fundamental rights of teachers and parents. We are so thankful that this chapter is finally closed and that justice has prevailed.”

“The State knew this was a losing legal battle and tried to pull out every lawyer’s trick in the book to avoid responsibility,” added Jeffrey M. Trissell, Special Counsel at Thomas More Society and attorney at LiMandri & Jonna LLP. “The Court saw right through this blatant gamesmanship. It’s an absurdity that California elected officials went out of their way to deceive parents and punish honest and faithful educators who dared to challenge their twisted political agenda.”

As the case progressed, numerous parents who had been directly harmed by these policies approached Thomas More Society. One family who joined the lawsuit only learned that their child was being addressed by a different name at school after a tragic suicide attempt. Recognizing the sweeping nature of the constitutional violations, the Court certified the lawsuit as a class action, meaning that every California parent and teacher who objects to these policies now receives justice.

“This case exposed a troubling pattern of agenda-driven adults injecting political ideology into schools, undermining trust between educators and parents, and ultimately harming children,” said Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society. “Most reasonable people agree: schools should be about teaching the basics—reading, writing, arithmetic—not confusing students about gender identity. This ruling restores focus to real education and honoring the centuries-long belief that parents alone have the right to direct their child’s moral and religious upbringing, as reaffirmed by the Supreme Court this year.”

The case also revealed the extreme lengths California education officials went to evade responsibility. They misled the court by claiming these policies were no longer enforced, only to be caught red-handed enforcing them in mandatory teacher training a week before the summary judgment hearing on November 17. As a result, the Court’s order specifically directs California to add the following statement “in a prominent place” in that training:

“Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence. Teachers and school staff have a federal constitutional right to accurately inform the parent or guardian of their student when the student expresses gender incongruence. These federal constitutional rights are superior to any state or local laws, state or local regulations, or state or local policies to the contrary.”

“Thomas More Society is proud to have represented Elizabeth, Lori, and the anonymous plaintiffs: Teacher Jane Roe, Teacher Jane Boe, the Poe Family and the Doe Family,” said Breen. “They never sought to be the face of this fight, yet their courage has transformed the lives of families and educators not only in California but perhaps the entire country. We will always defend the religious freedom of teachers and families and ensure that parents retain their constitutional right to raise their children in alignment with their families’ values.”

California Family Council Applauds Ruling

In response to the ruling, the California Family Council (CFC) wrote: State Officials Promoted Secrecy – For years, 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. On the Attorney General’s own website, the state 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.” California DOJ

This statement was widely disseminated and used to justify secrecy policies and trainings across districts.

Yet, as the federal court found, no such right can constitutionally override the fundamental rights of parents or the protections afforded to teachers under the U.S. Constitution.

Greg Burt, CFC Vice President, hailed the ruling as justice finally upheld in the face of longstanding statewide resistance: “This ruling vindicates what parents’ rights advocates have been saying all along. The state told schools they had to keep secrets from moms and dads, and that was never true. A federal judge has now made it unmistakably clear: children do not belong to the government, parents have the right to know what’s happening with their own kids, and teachers should never be forced to lie or stay silent to keep their jobs.”

The Constitutional Holding

Judge Benitez’s ruling is comprehensive and unequivocal. The court held that California’s gender-secrecy regime, as applied in public schools, violates:

• Parents’ fundamental rights to direct the upbringing and education of their children
• Teachers’ First Amendment rights to free speech and religious exercise
• And core constitutional principles protecting family autonomy

According to the court, forcing teachers to actively hide critical information from parents is not a neutral policy but affirmative state interference in the parent-child relationship, something the Constitution forbids.

Impact on Schools and Parents

This decision forces a dramatic policy shift across California’s public education system:

• District secrecy policies can no longer be enforced.
• Parents and guardians have a federal constitutional right to be informed if their public school student child expresses gender incongruence.
• Teachers may now freely disclose to parents when a student expresses gender incongruence or assumes a different gender identity at school.
• State officials can no longer legally claim that schools are “required” to conceal such information.

School boards and administrators must revise their policies immediately to comply with the constitutional rights affirmed by the court or risk legal consequences.

Read the Order Granting Plaintiffs Motion for Class-Wide Permanent Injunction.

Read the Order Granting Summary Judgment in Favor of Plaintiffs, Declaring Constitutional Rights, and Granting a Permanent Injunction.

About Thomas More Society

According to the organization’s website, “Since 1998, Thomas More Society has steadfastly preserved the rich heritage of American liberty. Our distinguished track record showcases an unwavering commitment to defending your fundamental rights to life, family, and freedom. For decades, we’ve passionately championed the causes of everyday individuals confronting remarkable injustices, from the sidewalks and town squares to the Supreme Court.” For more information visit www.thomasmoresociety.org.

Allen D. Payton contributed to this report.