On December 22, a federal judge ruled that California’s policy blocking parents from knowing about their children’s gender transition is illegal.
US Federal District Court Judge Roger T. Benitez issued a permanent injunction prohibiting officials from enforcing these policies. In his 52-page ruling, he stated, “The state government wants to protect vulnerable children from harassment and discrimination, which is commendable.” However, excluding parents from the policy causes triple harm.
Benitez stated that first, it harms the children. Children need parental guidance and may require mental health intervention to determine if their thoughts on gender transition are internally driven or influenced by bullying, peer pressure, or impulsiveness.
“Second, it harms the parents, depriving them of long-standing rights protected by the 14th Amendment, which is the right to care for, guide, and make medical decisions for their children. At the same time, the policy severely restricts many parents’ rights, protected by the 1st Amendment, to educate their children according to their sincere religious beliefs. Finally, it also harms teachers, forcing them to go against their own sincere beliefs and parental rights, concealing information they believe is crucial for student well-being,” Benitez wrote.
The policies that the judge prohibited officials from enforcing include: prohibiting teachers from informing parents when students start using different names and genders, and requiring teachers to use these new names and pronouns when parents are not present.
The state government’s attorneys argued that these policies are meant to provide a safe learning environment, ensuring that children do not have to worry about being discovered by their parents before they are ready to reveal their changes.
The judge stated that such assertions were too broad and did not respect parents’ rights. Benitez pointed out, “In articulating its interests, (the case’s) defendant state government completely ignored one fact, that is, student parents have the liberty to exercise the ‘primary authority over religious upbringing of their children.'”
The permanent injunction contains specific provisions prohibiting any staff in the California education system from “misleading parents or guardians about their minor student’s gender presentation at school” through any means, including: (i) lying directly to parents; (ii) preventing parents from accessing their children’s education records; or (iii) using a set of preferred pronouns or names different from those used at school when talking to parents.
The Thomas More Society lawyer representing the teachers in court welcomed the ruling. Paul Jonna, special legal counsel for the society, stated in a release, “The court’s comprehensive ruling, which protects all California parents, students, and teachers, allows reason and common sense to prevail.”
Jonna stated, “With Judge Benitez’s decisive ruling, all state and local school officials who enforce gender secrecy policies should immediately cease implementation, or they will face serious legal consequences.”
As of the deadline, the California Attorney General’s Office had not issued a statement on the ruling, and media queries sent via email remained unanswered.