Catholic group asks SCOTUS to block California law restricting parental notification

A Catholic legal group has asked the U.S. Supreme Court to block a California law that prevents public schools from informing parents of the gender identity of transgender students.

The Thomas More Society filed an emergency appeal Thursday asking the Supreme Court to reinstate a ruling last month by a federal judge that said parents with religious objections can opt out of the law’s restrictions. The challenged provisions prohibit teachers from informing parents if a student wants to change their pronouns or gender identity, according to a POLITICO report.

“Parents only relinquish the authority necessary for the school to carry out its ‘educational mission’…they do not delegate the authority to make decisions about whether their child is a boy or a girl,” Thomas More Society attorneys wrote in the appeal.

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The law prohibits teachers from telling parents if a student wants to use new pronouns or adopt a different gender identity. (Justin Sullivan/Getty Images)

The law, signed into law by California Governor Gavin Newsom in 2024 and in effect for a year, also prohibits teachers from disclosing a student’s sexual orientation. This provision, however, is not directly at issue in the current legal challenge.

The measure was passed after several school districts in the Golden State implemented policies requiring teachers to contact parents if students want to change their name, pronouns or gender identity — policies that critics have called a “forced exit.”

The law allows disclosure of a student’s gender identity in “compelling” circumstances, a standard that opponents say is vague and insufficient.

There are exceptions in the law that allow schools to disclose a student’s gender identity in “compelling” circumstances.

U.S. District Judge Roger Benitez issued a permanent injunction last month blocking parts of the law, siding with two Escondido Union School District teachers — Elizabeth Mirabelli and Lori Ann West — who claimed their district’s policies violated their constitutional and religious rights.

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The Supreme Court is seen at the Capitol in Washington, December 17, 2024. (AP Photo/J. Scott Applewhite, file)

“Parents have the right to receive information about gender and teachers have the right to provide parents with accurate information about a child’s gender identity,” Benitez wrote in the ruling. “Parents and guardians have a federal constitutional right to be informed if their child in a public school expresses gender incongruity.”

The Ninth Circuit Court of Appeals later stayed Benitez’s ruling while California appeals the decision, keeping the law in effect for the time being.

In addition to seeking emergency relief from the nation’s highest court, lawyers challenging the law said they plan to ask a broader panel of judges on the Ninth Circuit to allow Benitez’s injunction to take effect.

The law was passed after several school districts across the state approved policies requiring teachers to contact parents if students want to change their name, pronouns or gender identity. (Mike Kemp/In pictures via Getty Images)

California Attorney General Rob Bonta’s office said the state would continue to defend the law.

“We look forward to continuing to make our case in court,” a spokesperson for Bonta’s office told POLITICO.

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The case comes amid increased scrutiny of California’s education policies. In March, the Trump administration announced that the Department of Education had launched an investigation into state enforcement of the law.