BREAKING: Historic Class-Action Victory Permanently Blocks Gender Secrecy Policies and Restores Parental Rights
Federal Judge Rules California Parental Exclusion Policies Are Unconstitutional, Issues Class-Wide Permanent Injunction.
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San Diego, CA- In a landmark class-action ruling, Thomas More Society achieved a historic victory in Mirabelli, et al. v. Olson, et al., ending California’s gender secrecy policies and restoring transparency and parental involvement in public education. The decision and federal court order issuing a class-wide permanent injunction—issued by U.S. District Court Judge Roger T. Benitez just days before Christmas—secures justice not only for teachers Elizabeth Mirabelli and Lori West who began the lawsuit, but for all parents and teachers harmed by these policies statewide.
Elizabeth and Lori, faithful Christians with decades of teaching experience, loved their jobs and dedicated themselves to helping children thrive in the classroom. Under California’s Parental Exclusion Policies, children had an unqualified right to engage in a social transition to the opposite gender at school—forcing all teachers to use opposite-sex pronouns and a new name—and teachers were required to conceal that gender transition from the child’s parents absent the child’s affirmative consent.
This placed Elizabeth and Lori in an impossible position: lie to parents in violation of their faith and ethics, or risk retaliation and ultimately, their jobs. Believing it violated their sacred duty to protect students’ health, safety, and trust, they turned to Thomas More Society and filed suit. Now, the U.S. District Court for the Southern District of California has agreed, noting that “California’s education policymakers may be experts on primary and secondary education but they would not receive top grades as students of Constitutional Law.”
“Today’s incredible victory finally, and permanently, ends California’s dangerous and unconstitutional regime of gender secrecy policies in schools,” said Paul M. Jonna, Special Counsel at Thomas More Society and Partner at LiMandri & Jonna LLP. “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.”
“Elizabeth, Lori, and the parents who stepped forward as class representatives to fight for families everywhere are true heroes,” Jonna added. “Whether facing professional retaliation or protecting their own children, they never wavered in their commitment to faith, family, and the truth. They challenged a system that forced deception and put children at risk. Thanks to their courage, truth and justice prevailed and these unconstitutional policies can now finally be placed in the dustbin of history.”
“We are profoundly grateful for today’s ruling,” said Elizabeth Mirabelli and Lori West in a joint statement. “This has been a long and difficult journey, and we are humbled by the support we’ve received along the way. We want to extend our deepest thanks to Thomas More Society and to everyone who stood by us, prayed for us, and encouraged us from the very beginning.”
“We loved our jobs, our students, and the school communities we served,” Mirabelli and West continued. “But we were forced into an impossible position when school officials demanded that we lie to parents—violating not only our faith, but also the trust that must exist between teachers and families. No educator should ever be placed in that situation. This victory is not just ours. It is a win for honesty, transparency, and the fundamental rights of teachers and parents. We are so thankful that this chapter is finally closed and that justice has prevailed.”
“The State knew this was a losing legal battle and tried to pull out every lawyer’s trick in the book to avoid responsibility,” added Jeffrey M. Trissell, Special Counsel at Thomas More Society and attorney at LiMandri & Jonna LLP. “The Court saw right through this blatant gamesmanship. It’s an absurdity that California elected officials went out of their way to deceive parents and punish honest and faithful educators who dared to challenge their twisted political agenda.”
As the case progressed, numerous parents who had been directly harmed by these policies approached Thomas More Society. One family who joined the lawsuit only learned that their child was being addressed by a different name at school after a tragic suicide attempt. Recognizing the sweeping nature of the constitutional violations, the Court certified the lawsuit as a class action, meaning that every California parent and teacher who objects to these policies now receives justice.
“This case exposed a troubling pattern of agenda-driven adults injecting political ideology into schools, undermining trust between educators and parents, and ultimately harming children,” said Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society. “Most reasonable people agree: schools should be about teaching the basics—reading, writing, arithmetic—not confusing students about gender identity. This ruling restores focus to real education and honoring the centuries-long belief that parents alone have the right to direct their child’s moral and religious upbringing, as reaffirmed by the Supreme Court this year.”
The case also revealed the extreme lengths California education officials went to evade responsibility. They misled the court by claiming these policies were no longer enforced, only to be caught red-handed enforcing them in mandatory teacher training a week before the summary judgment hearing on November 17. As a result, the Court’s order specifically directs California to add the following statement “in a prominent place” in that training:
“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.”
“Thomas More Society is proud to have represented Elizabeth, Lori, and the anonymous plaintiffs: Teacher Jane Roe, Teacher Jane Boe, the Poe Family and the Doe Family,” said Breen. “They never sought to be the face of this fight, yet their courage has transformed the lives of families and educators not only in California but perhaps the entire country. We will always defend the religious freedom of teachers and families and ensure that parents retain their constitutional right to raise their children in alignment with their families’ values.”
Read the Order Granting Plaintiffs Motion for Class-Wide Permanent Injunction.




