San Diego, CA (November 17, 2025) - Significant new developments emerged late last week in new filings by the State Education Defendants in Mirabelli v. Olson. The case brought by Thomas More Society challenges California’s Parental Exclusion Policies that require teachers to conceal students’ gender identities and social transitions from parents. These developments will now shape Monday morning’s summary judgment hearing in the Southern District of California.

Key New Developments:

• State Defendants Withdraw Their Central Argument Days Before Climactic Hearing: After long insisting the case was “moot” and should be thrown out, because the California Department of Education (CDE) removed a gender-identity FAQ from its website that had included gender secrecy directives, the State Education Defendants have now formally withdrawn this argument as part of their defense. Their latest filingsacknowledge that the withdrawal was prompted by issues raised regarding the State’s own PRISM teacher training materials Thomas More Society attorneys say the CDE used to distribute gender secrecy directives despite claiming to the Court that they have been rescinded.  

• PRISM Portal Taken Offline as California Education Officials Threatened with Sanctions: Whistleblowers recently identified PRISM training materials with gender secrecy directives referencing the same guidance the State claimed no longer existed. In response, the PRISM webpage was abruptly taken down, just days before the November 17 hearing. In the filings, CDE officials claim the inclusion of these directives in the PRISM trainings was “simply an error” that should not be met with sanctions.

• Sanctions at Issue: Monday’s summary judgment hearing could result in a decision that determines whether California education officials violated parents’ and teachers’ constitutional rights by forcing school staff to keep gender-related information hidden from parents. It will also address the Court’s Order to Show Cause on whether the State Defendants misled the Court by asserting gender secrecy directives were rescinded while continuing to advance them through mandatory PRISM training.

U.S. District Court Judge Roger Benitez will hear argument on Monday, November 17, at 10:30 AM at the Edward J. Schwartz United States Courthouse in San Diego, California.