Supreme Court asked to block California school gender secrecy rules amid ongoing lawsuit

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Jan 9, 2026 / 10:47 am (CNA).

The U.S. Supreme Court is being asked to block the state of California from allowing schools to hide student “gender transitions” from parents amid an ongoing federal lawsuit.

The Thomas More Society, a Chicago-based legal group, asked the high court to intervene in the case Mirabelli v. Bonta while the dispute works its way through a federal appeals court.

The suit was originally brought by two Christian teachers in California. U.S. District Court Judge Roger Benitez on Dec. 22, 2025, issued a ruling in the class action lawsuit, striking down the secretive school gender policies on First Amendment grounds and holding that parents “have a right” to the “gender information” of their children, while teachers themselves also have the right to provide parents with that information. 

In a Jan. 5 ruling, however, the U.S. Court of Appeals for the 9th Circuit blocked Benitez’s order, holding in part that the “public interest in protecting students and avoiding confusion among schoolteachers and administrators” justified a stay.

In an emergency application to the Supreme Court, lawyers with the Thomas More Society argued that the rights of parents, and the health and safety of children, are “too precious” to wait for the appeal to play out.

The high court should strike down the block by the appeals court, the attorneys said, in part because it “strips parents of their core authority with respect to an issue with significant religious and developmental impact.”

Disputes over hiding a student’s “gender identity” from parents have played out in schools around the country in recent years. LGBT advocates claim that teachers and administrators should be allowed to hide student “transitions” in order to keep children safe from parents who may not “affirm” an LGBT identity.

Critics have countered that parents have a right to know important and health-related decisions of their children, particularly concerning “gender identity” beliefs, which often compel young people to seek out drugs and surgeries.

The debate has reached the highest levels of U.S. government. The U.S. Department of Health and Human Services in August 2025 directed U.S. states to remove gender ideology material from their curricula or face the loss of federal funding, while in February of that year the Department of Education launched an investigation into several Virginia school districts to determine if they violated federal orders forbidding schools from supporting the so-called “transition” of children.

Thomas More Society attorney Paul Jonna this week said California’s “parental deception scheme” is “keeping families in the dark and causing irreparable harm,” necessitating the intervention of the Supreme Court.

“The state is inserting itself unconstitutionally between parents and children, forcing schools to deceive families, and punishing teachers who tell the truth,” he said, adding that “no parent should learn their child was in crisis because the government ordered schools to keep secrets.”