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Judge Strikes California Law That Kept Schools From Sharing Gender Identity with Parents – HotAir

A federal judge in San Diego has struck down a California law which prevented schools from sharing student’s gender identity with parents.

U.S. District Judge Roger Benitez granted summary judgment Monday in the case originally filed by two teachers from Rincon Middle School in Escondido who sued over Escondido Union School District policies requiring them to use pronouns or gender-specific names requested by students, while keeping that information private from others, including the students’ parents.

In his ruling, Benitez likened the practice to teachers declining to share students’ physical injuries or other health-related concerns with parents.

“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,” Benitez wrote.





Judge Benitez’ decision will impact all schools in California, not just the ones in Escondido where the lawsuit originated.

The ruling affects all public school districts in California, ensuring parents are informed about their children’s gender identity or social transition…

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…

Critically, as part of the order, the court directed that a clear constitutional statement be included in state training materials such as PRISM, previously used to promote secrecy. That directive states:

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.

In short, the left-wing activists behind this unconstitutional law have been completely blown out of the water. Naturally, they are not happy about that. AG Bonta has already appealed.





Following Benitez’s ruling, the California Legislative LGBTQ caucus issued a statement arguing that the judge’s decision “deliberately injects confusion into the public understanding” of the state’s SAFETY Act and “signals an alarming willingness to undermine long-standing constitutional rights to privacy and nondiscrimination protections across California law.” 

The ACLU of Southern California criticized the ruling, writing, “This case is part of a nationwide, coordinated attack on trans people and all those who stand up for trans youth. California must remain steadfast in its commitment to supporting trans youth and we look forward to seeing state leaders stand up for trans and gender nonconforming students by promptly pursuing an appeal.”

Attorney General Bonta also responded to Benitez’s ruling, filing a brief on Monday to stay the court’s injunction. EdSource reported that a spokesperson for Bonta said the district court misapplied the law and that the decision would eventually be reversed on appeal.

“We are committed to securing school environments that allow transgender students to safely participate as their authentic selves while recognizing the important role that parents play in students’ lives,” Bonta’s office said in a statement.

The decision may be reversed on appeal to the 9th Circuit, one of the most liberal appeals courts in the country. But who wants to take a bet on how the Supreme Court will come down when ruling on an appeal of the 9th Circuit? I’d say it’s a very safe bet that this law is going down. And a Supreme Court ruling will ensure that no other state ever tries it.





Meanwhile, the Thomas More Society which handled the lawsuit is celebrating the win.

“Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools… 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.”

Gov. Newsom has tried to defend this loser of a law in the past and it hasn’t gone very well for him.

Now that this is on the ropes, we’ll see how hard he’s willing to go to support it. As Maher suggested, this is not something most parents support so getting on the right side of this should be easy. Also, it’s ultimately not going to survive anyway. This would be a good moment for practical Gavin Newsom (the one who wants to be president one day) to reassert himself.







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