U.S. District Judge Roger T. Benitez in 2023 issued an injunction requiring the California Department of Education (CDE) to end enforcement of policies that require teachers to conceal a student’s gender identity.
The injunction remains in effect as the case Mirabelli v. Olson continues.
Benitez found the policies likely violated the First Amendment rights of teachers by compelling them to remain silent or lie to parents and the Fourteenth Amendment rights of parents to direct the upbringing and education of their children.
CDE attorneys have claimed for months the state no longer instructs teachers to conceal a child's gender transition from parents. However, Greg Burt of the California Family Council says that's not true.
“The state was trying to get the case dismissed, saying ‘you shouldn't even be suing us because we don't require this of teachers anymore.’ And so when I provided that evidence that they are requiring that, the judge added, ‘well, I'm going to sanction you because you've been lying to us.’"
Burt says the department of education lawyers tried to derail the case by arguing the secrecy directives were withdrawn, which has now been proven to be a lie.
CFC obtained and shared access to the Department’s new PRISM training, a mandatory course for educators developed in partnership with LGBTQ advocacy organizations, which proves otherwise. The evidence came from two courageous Christians, one a teacher and another a school board member, California State Superintendent Sonja Shaw, who provided access to the hidden materials.
The PRISM curriculum, CFC discovered, explicitly instructs teachers to withhold information about a student’s sexual orientation or gender identity from parents without the student’s permission. The training hyperlinks to resources from groups like GLSEN, the ACLU, and Our Family Coalition that state directly: “School staff shall not disclose any information that may reveal a student’s transgender status to others, including parents or guardians…”
Monday Benitez ruled in favor of parents and teachers. Burt notes this will have far reaching implications.
“The judge agreed to make this a class action suit, which means if these teachers win, not only will their rights be protected, but the rights of all California teachers and all California parents will be protected from these secrecy policies."
