The Ninth Circuit Court of Appeals has temporarily halted a class-wide permanent injunction against California’s “Parental Exclusion Policies” related to parental rights and school policies on gender identity. These policies require teachers to conceal students’ gender transitions from parents, sparking a heated legal battle.
The case, Mirabelli, et al. v. Bonta, et al., originated from two Escondido Union School District teachers, Elizabeth Mirabelli and Lori West, who refused to deceive parents due to their religious beliefs. On December 22, 2025, U.S. District Judge Roger Benitez issued the injunction, ruling that the policies infringe on parents’ due process and free exercise rights, as well as teachers’ free speech and religious liberties. The decision followed evidence that state officials enforced secrecy through teacher training despite court claims otherwise.
However, on January 5, 2026, a three-judge panel granted California’s emergency stay pending appeal, allowing the policies to resume temporarily. The Thomas More Society, representing the plaintiffs, decried the move as disregarding “severe, irreparable harm” to families and educators.
Paul M. Jonna, special counsel for the Thomas More Society, stated, “California is trying to undo this victory for families and educators, but we will not let that happen. This is an issue of national importance and will likely need to be settled by the U.S. Supreme Court.”
This pause means a setback for parental rights, reinstating secrecy that could erode family involvement in children’s upbringing—a century-old Supreme Court-recognized fundamental right. Parents may face continued exclusion from critical decisions, potentially harming trust and child welfare.
In March of 2025, the Alaska State Medical Board unanimously approved and issued a statement to the Alaska Legislature opposing hormonal and surgical treatments for gender dysphoria in minors due to insufficient evidence of long-term benefits and risks of irreversible harm. This may provide a credible stop gap for such therapies in Alaska. However, the California case is an indication that there is significant political will behind gender conversion therapies especially among minors in various states around the country.
The case’s escalation to the Supreme Court underscores its potential to reshape school policies across the U.S.
