WASHINGTON D.C. — Independent Women’s Law Center applauds the Supreme Court’s decision in Mirabelli v. Bonta, granting the request by parents to lift the Ninth Circuit’s stay of an injunction against California school “gender transition” policies.
“I am encouraged by the Supreme Court’s recognition that all parents have the right to direct the upbringing of their children,” said Beth Parlato, senior legal counsel for Independent Women’s Law Center. “Schools must be held accountable for violating parent’s fundamental, constitutionally recognized rights, and this decision puts school districts across the country on notice that secrecy policies designed to cut parents out of critical decisions about their children will not withstand constitutional scrutiny.”
Under both state law and school district policy, public schools are prohibited from informing parents that their child is gender transitioning without that child’s consent. Both teachers and parents challenged the policy, claiming it violated their First Amendment right to exercise religion and their Fourteenth Amendment right to direct their children’s upbringing. Their suit became a class action, with subclasses of teachers and parents. The district court granted summary judgment for all plaintiffs and permanently enjoined the gender transition policies. The Ninth Circuit stayed that injunction.
The Supreme Court concluded that the parents would likely succeed in their constitutional challenge on both free exercise and parental rights grounds. The Court also rejected the argument that its recent decision in Mahmoud v. Taylor (2025) that public schools requiring children to participate in instruction using gender-affirming materials violated their parents’ right to exercise religion, was a “narrow decision” limited to its facts, with Justice Barrett stating that the Ninth Circuit “significantly misunderstood Mahmoud v. Taylor.”
Independent Women’s Law Center, and a coalition of 65 other amici filed an amicus brief in Mirabelli v. Bonta, urging the Court to protect parental rights. This decision is not only critical for California parents, but also signals that the Court is likely to rule in favor of parents, regardless of whether religious or not, in future cases that will protect the rights of parents throughout the country.
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