SAN DIEGO (CNS) — A San Diego federal judge has blocked California's policies prohibiting teachers from sharing students' preferred gender identities with their parents.
U.S. District Judge Roger Benitez granted summary judgment on Monday in the case originally filed by two teachers from Rincon Middle School in Escondido, who sued over the Escondido Union School District's 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.
Attorneys for the state of California have argued that keeping such information private protects students from potential discrimination, abuse and harassment.
Benitez wrote that California's efforts "to protect vulnerable children from harassment and discrimination is laudable," but said the parental exclusion policies ultimately harm children, parents, and teachers.
He also wrote that the policies violate parents' Fourteenth Amendment rights "to care, guide, and make health care decisions for their children" and the First Amendment rights of both parents and teachers to exercise their religious beliefs.
Paul Jonna, lead counsel for the plaintiffs, said the ruling "ends California's dangerous and unconstitutional regime of gender secrecy policies in schools" and "protects all California parents, students, and teachers, and it restores sanity and common sense."
The California Attorney General's Office has filed an application to stay Benitez's order, pending an appeal. In their filings, the state argues "the severe public harms associated with nonconsensual disclosure of a student's private gender identity information weigh strongly in favor of stay" and that without a stay, "teachers and school officials could begin informing parents about students' gender identities in ways that threaten substantial harm to students. Once that occurs, the harm is irreparable. The information cannot be undisclosed."
In a statement, the AG's Office said, "We believe that the district court misapplied the law and that the decision will ultimately 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."
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