A federal judge in San Diego has blocked a California policy that prevented teachers from disclosing students’ preferred gender identities to their parents. On December 4, 2023, U.S. District Judge Roger Benitez issued a ruling in response to a lawsuit filed by two teachers from Rincon Middle School in Escondido. The case challenged the Escondido Union School District policies that mandated teachers to use the pronouns or names requested by students while keeping that information confidential from parents.
In his decision, Judge Benitez compared the policy to a scenario in which teachers would withhold information about a student’s physical injuries or health issues from their parents. He stated, “When it comes to a student’s change in gender identity, California state policymakers apparently do not trust parents to do the right thing for their child.”
The state of California defended the policy, claiming it was designed to protect students from potential discrimination, abuse, and harassment. Judge Benitez acknowledged the state’s intentions, referring to them as “laudable,” but ultimately argued that the approach harmed children, parents, and educators alike. He further stated that the policies infringed upon parents’ rights under the Fourteenth Amendment to make healthcare decisions for their children and violated the First Amendment rights of both parents and teachers to express their religious beliefs.
Paul Jonna, lead counsel for the plaintiffs, welcomed the ruling, asserting that it dismantles what he described as California’s “dangerous and unconstitutional regime of gender secrecy policies in schools.” He added that the decision protects the rights of all California parents, students, and teachers, restoring “sanity and common sense” to the educational environment.
In response to the ruling, the California Attorney General’s Office has filed an application for a stay on Judge Benitez’s decision, pending an appeal. The state argues that the potential public harms from the nonconsensual disclosure of a student’s gender identity outweigh the benefits of the ruling. The Attorney General’s Office emphasized that without a stay, teachers and school officials might start disclosing students’ gender identities in ways that could lead to irreparable harm.
The office released a statement indicating their belief that the district court misapplied the law and expressed confidence that the decision would be overturned on appeal. They reiterated their commitment to ensuring that school environments allow transgender students to participate safely while respecting the critical role of parents in their lives.
As this legal battle unfolds, the implications for California’s educational policies and parental rights are significant. The outcome of the appeal could reshape how schools address gender identity and communication with parents, impacting countless students and families across the state.
