
The Supreme Court just ruled that California schools cannot keep parents in the dark about their own child’s gender identity at school — and now the Ninth Circuit has been forced to fall in line.
Story Highlights
- The Supreme Court ruled 6-3 in Mirabelli v. Bonta that California’s policy of hiding students’ gender identity from parents likely violates the Constitution.
- California’s 2024 SAFETY Act barred schools from telling parents about a child’s gender identity without the child’s consent.
- The high court found parents are likely to win on both religious freedom and parental rights grounds under the 14th Amendment.
- The Ninth Circuit, which had earlier blocked a lower court ruling protecting parents, must now allow that ruling to stand while the case continues.
California’s Secret Gender Policy Put on Hold
California Governor Gavin Newsom signed the SAFETY Act in 2024. The law told public school employees they could not share a student’s gender identity with parents unless the student agreed. Schools were directed to treat a child’s gender expression at school as private information — kept from mom and dad if the child wished. A group of parents and teachers sued, saying the policy violated their constitutional rights and cut them out of major decisions about their own children.
Federal District Judge Roger Benitez sided with the parents in December 2025. He blocked California’s policy and ruled that parents have a right to know about gender-related changes involving their children at school. California asked the Ninth Circuit Court of Appeals to pause that ruling. In January 2026, a three-judge Ninth Circuit panel agreed and put Benitez’s order on hold, saying he had likely read parental rights too broadly. That set the stage for an emergency appeal to the Supreme Court.
Supreme Court Delivers a 6-3 Win for Parents
On March 2, 2026, the Supreme Court reversed the Ninth Circuit’s move. In a 6-3 ruling in Mirabelli v. Bonta, the court’s conservative majority reinstated Judge Benitez’s injunction for the parent plaintiffs. The majority wrote that California’s policies are “an even greater intrusion on parents’ rights” than a similar policy the court had already struck down. The court said the state’s policy would “likely not survive strict scrutiny” — the toughest legal test courts apply.
The majority was direct: California claimed its policy protected student safety and privacy. The court rejected that argument. “Those policies cut out the primary protectors of children’s best interests: their parents,” the majority wrote. Justice Amy Coney Barrett wrote a concurrence joined by Chief Justice John Roberts and Justice Brett Kavanaugh. Justices Elena Kagan and Ketanji Brown Jackson dissented. Justice Sonia Sotomayor said she would have sided with California entirely.
What the Ruling Actually Does — and Doesn’t Do
The Supreme Court’s order is not a final ruling. It keeps Judge Benitez’s injunction in place while the Ninth Circuit continues to hear California’s appeal. Schools cannot actively mislead parents about their child’s gender presentation, and they must follow parents’ instructions on names and pronouns used at school. However, the ruling applies to parent plaintiffs only. It does not give teachers a constitutional right to notify parents on their own, and the broader SAFETY Act technically remains on the books for now.
NEWS: SCOTUS Decision in Mirabelli v. Bonta Prompts 9th Circuit to Block California Law Barring School Policies That Alert Parents to Kids Identifying As Transgender At School.
"Relying entirely on the U.S. Supreme Court’s decision in Mirabelli v. Bonta (2026), the U.S. Court of… pic.twitter.com/PKGCgTtejC
— Benjamin Ryan (@benryanwriter) June 19, 2026
The case could return to the Supreme Court again depending on how the Ninth Circuit rules. Parental rights groups called the decision a major victory. California Republican Party chair Karen Ranken said the ruling confirms that “if a school is making life-changing decisions about your child, you have the right to know.” Legal experts note the decision will likely affect similar secret-transition policies in school districts across the country, not just in California.
Sources:
[1] Web – 9th Circuit Reverses Course, Blocks California’s Parent Notification …
[2] Web – Supreme Court Blocks California Policy Limiting Parental …
[3] Web – Ninth Circuit Partially Blocks California Child Privacy Law
[4] Web – Appeals Court Blocks Ruling Bolstering Parental Rights Over …
[5] YouTube – Supreme Court blocks California student gender privacy law
[6] Web – Court sides with parents in dispute over California policies on …
[7] Web – The U.S. Supreme Court blocked on Monday a series of California …
[8] Web – [PDF] Regino v. Staley – Ninth Circuit Court of Appeals
[9] Web – Supreme Court blocks California restrictions on schools notifying …
[10] Web – MIRABELLI v. BONTA | Supreme Court – Law.Cornell.Edu
[11] Web – The emergency docket’s critics have it backwards – SCOTUSblog
[12] Web – Know Your Rights – Mirabelli v. Bonta FAQ – ACLU of Socal
[13] Web – Mirabelli v. Bonta – Becket
[14] Web – Mirabelli v. Bonta (25A810) – SCOTUSblog
[15] Web – Supreme Court Blocks California Law Protecting Transgender …
[16] YouTube – [LIVE] Are Secret Gender Transition Policies Unconstitutional …
[17] Web – Are Secret Gender Transition Policies Unconstitutional? Mirabelli v …
[18] Web – [PDF] 25A810 Mirabelli v. Bonta (03/02/2024) – Supreme Court
[19] Web – U.S. Department of Education Directs Schools to Comply with …
[20] Web – Advisory Opinion on the Parental Notification Law
[21] Web – Family Educational Rights and Privacy Act (FERPA) – Epic.org
[22] Web – [PDF] State Legal Requirements for Parental Consent for School-Based …
[23] Web – [PDF] Please Don’t Tell My Parents: The Validity of School Policies …
[24] Web – Federal Laws enabling Parents to protect their Children’s Privacy
[25] Web – Notice of Parental Rights | Polk County Schools
[26] Web – Federal Laws that Protect Student Data
[27] Web – Student Privacy Violations and Parental Notification Laws












