WATCH/EXCLUSIVE: Supreme Court backs parents in CA gender policy

By Esther Wickham
The Center Square

Editor’s note: This story has been updated to add videos.

The U.S. Supreme Court ruled 6–3 this week that parents challenging a California policy allowing public schools to withhold information about a student’s gender transition are likely to succeed in their constitutional claims.

In its majority opinion, the Supreme Court said the state’s policies violate the First and 14th amendments. The ruling vacates a decision by the U.S. Court of Appeals for the 9th Circuit that had paused a lower court injunction blocking the policy as it applied to parent plaintiffs.

“The State argues that its policies advance a compelling interest in student safety and privacy,” the majority wrote. “But those policies cut out the primary protectors of children’s best interests: their parents.”

The case, Mirabelli v. Bonta, challenges guidance that critics describe as “gender secrecy” policies, which allowed school officials to withhold information from parents about a student’s request to change names, pronouns, or other gender-related identifiers at school.

The litigation was brought with the support of the Thomas More Society, which in January filed an emergency application asking the high court to intervene after the 9th Circuit paused a district court’s permanent injunction.

In an exclusive interview with The Center Square, Paul M. Jonna, special counsel for the Thomas More Society, called the decision “a historic, groundbreaking victory for parental rights.”

“The court sent an unmistakable message that parents are the primary protectors of their children’s well-being and the government can’t cut them out of decisions that affect their physical and mental health,” Jonna said. “California built this wall of secrecy between parent and child, and the Supreme Court just tore it down.”

Jonna said the ruling has implications beyond California, arguing that similar policies nationwide are unconstitutional.

In December 2025, U.S. District Judge Roger Benitez certified the case as a class action and issued a permanent injunction against the state’s policies. Weeks later, the 9th Circuit granted California’s emergency motion to stay that injunction, finding no clear evidence that the policies prevented parents from obtaining information about their children.

The Supreme Court’s ruling lifts that stay for the parent plaintiffs.

The press office for California Attorney General Rob Bonta told The Center Square that the state is disappointed with the Supreme Court decision.

“We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” the press office said.

In an exclusive interview with The Center Square, Greg Burt, vice president of the California Family Council, said the ruling sends a clear message to state officials.

“The state of California has lost. Stop keeping secrets from parents. It’s illegal,” Burt said.

Burt also criticized what he described as the state’s position that failing to affirm a child’s gender identity is harmful. “They believe that our beliefs are so bad that they’re willing to remove our kids from our homes if we don’t agree that feelings determine gender.”