By Conejo Guardian October 9, 2023
A sweeping federal court decision in September found it unlawful to force teachers to hide information about students’ “gender identity” from parents. The case is Mirabelli, et al. v. Olson, et al. Two veteran teachers brought claims against members of the Escondido Union School District (EUSD) Board of Education and certain members of the EUSD administrative staff, as well as members of the California State Board of Education and the State Superintendent.
United States District Judge Roger T. Benitez rendered the decision on September 14, 2023, making it illegal for schools to hide information about students from parents. Following are direct excerpts from his ruling: ….
Related Daily Citizen article:
In his decision, Judge Benitez acknowledged parents’ right to know what’s happening with their children at school, emphatically stating:
He also posted, “The court rejected the school’s argument … that schools have a right to keep sexual secrets about children from their own parents.”
BREAKING: A federal court has issued a preliminary injunction protecting teachers' right to inform parents of a child's identification as a different gender or request to be addressed by a new name or pronouns.
— Corey A. DeAngelis, school choice evangelist (@DeAngelisCorey) September 14, 2023
In his decision, Judge Benitez acknowledged parents’ right to know what’s happening with their children at school, emphatically stating:
The United States Supreme Court has historically and repeatedly declared that parents have a right, grounded in the Constitution, to direct the education, health, and upbringing, and to maintain the well-being of, their children.
He concluded his decision by saying:
The school’s policy is a trifecta of harm: it harms the child who needs parental guidance and possibly mental health intervention to determine if the incongruence is organic or whether it is the result of bullying, peer pressure, or a fleeting impulse.
It harms the parents by depriving them of the long recognized Fourteenth Amendment right to care, guide, and make health care decisions for their children.
And finally, it harms plaintiffs who are compelled to violate the parent’s rights by forcing plaintiffs to conceal information they feel is critical for the welfare of their students — violating plaintiffs’ religious beliefs.
The case is Mirabelli, et al. v. Olson, et al.