CA Teachers Sue Gov, AG in Battle Over Lying to Parents About Kids' Gender Confusion

Two San Diego, California-area Christian teachers have filed an amended lawsuit in a federal court naming Gov. Gavin Newsom (D) and Attorney General Rob Bonta among other defendants, alleging the educators were forced to lie to parents and hide students' gender confusion.

Attorneys with the Thomas More Society representing Elizabeth Mirabelli and Lori Ann West originally filed Mirabelli, et al. v. Olson, et al. last year. In addition to Newsom and Bonta, other defendants in the lawsuit include the officials of the Escondido Union School District, California Department of Education, California State Board of Education, California State Superintendent of Public Instruction, and Rincon Middle School, where both teachers are on staff.

The complaint alleges the teachers were compelled to deceive parents about their students' gender dysphoria because of a policy mandated on school districts under the leadership of state politicians. 

The teachers argued that the "secrecy policy" infringed on their First Amendment Free Speech and Free Exercise of religion rights, and if they were to comply and be dishonest with parents it would violate their "sincerely held religious beliefs."

CBN News has reached out to Attorney General Bonta's press office for comment. In an email, a spokesperson for Bonta's press office said, "We are unable to provide details, as this is ongoing litigation."

"These previously named defendants are all operating under the supervision and control of the Governor, who has ultimate responsibility for overseeing the state's education system," Thomas More Society Special Counsel and Partner, LiMandri and Jonna LLP attorney Paul Jonna said in a statement.

"The Escondido Union School District has asserted that it is compelled by the state to adopt and enforce parental exclusion policies in which California dictates the deception requiring teachers to lie to parents about their students. That leads to the conclusion that the state, and therefore, the Governor is the driving force behind the violation of Elizabeth Mirabelli and Lori Ann West's constitutional rights," Jonna continued.

Preliminary Ruling in Favor of Teachers 

On September 14, 2023, the court issued a preliminary injunction in favor of the teachers, preventing the school district and state from enforcing the policy compelling them to deceive parents about their students. The same order denied the motion to dismiss made by California and the school district, according to the Thomas More Society. 

As CBN News reported, U.S. District Judge Roger Benitez wrote the school's gender secrecy policy appears to undermine constitutional rights calling it a "trifecta of harm." 

"It harms the child who needs parental guidance and possibly mental health intervention to determine if the incongruence is organic or whether it is the result of bullying, peer pressure, or a fleeting impulse," Benitez explained. "It harms the parents by depriving them of the long-recognized Fourteenth Amendment right to care, guide, and make health care decisions for their children. And finally, it harms plaintiffs who are compelled to violate the parent's rights by forcing plaintiffs to conceal information they feel is critical for the welfare of their students — violating plaintiffs' religious beliefs." 

He also noted the teachers "face an unlawful choice along the lines of: 'lose your faith and keep your job, or keep your faith and lose your job.'" 

Benitez made it clear that school districts who insist that the child's right to privacy is greater than the rights of parents are "mistaken" and the "Constitution neither mandates nor tolerates that kind of discrimination." 

AG Bonta Issues Guidance in Opposition to Judge's Ruling

Twelve days later, Bonta issued a letter to school district superintendents and members of boards of education. The letter titled, "Guidance Regarding Forced Disclosure Policies Concerning Gender Identity" issued instructions to school authorities. Jonna said Bonta's "guidance letter" was misleading, contending that it was in direct conflict with Judge Benitez's federal court order. The letter instructed school districts to implement policies enabling them to conceal a student's self-selected gender "identity" from parents or legal guardians, the Thomas More Society said. 

Then, on Jan. 10, 2024, Bonta issued a "legal alert" in which he doubled down on his earlier directive to school districts. In the legal alert, Bonta claimed that "outdated social stereotypes" were a leading reason for keeping parents informed of their child's gender-related issues when presented in school. Bonta also stated that school districts would be violating their "duty of care" to students by revealing such crucial information to parents without the "student's express consent," according to the nonprofit law firm. 

"The California Department of Education tried to have it both ways," Jonna said.  "On the one hand, they tried to tell the court that their 'guidance' on gender identity policies is not mandatory, even though they used words like 'must' and 'required.' Meanwhile, elsewhere in California, they're working hand-in-hand with the California Attorney General enforcing this supposedly non-binding 'guidance' with litigation and by withholding millions of dollars of state education funds. Fortunately, the court saw through this last September—and the injunction we obtained binds all of the applicable state actors. But because the California AG and the Governor are so connected to this fight, we're naming them as defendants to hold them fully accountable as well."

Mirabelli and West Allowed to Return, for Now 

In January 2023, the teachers asked the court to hold the school district and other entities in contempt for refusing to reinstate them after they had been unwillingly placed on administrative leave. After a firm reprimand by the court, the district allowed Mirabelli and West to return to their classrooms, which West did on Jan. 16. 

West, a veteran teacher who has taught in the district since 1994, told CBN Digital problems began in February 2022, when she and other teachers reportedly underwent training encouraging them to "exclude parents."

"Both Elizabeth and I were really taken aback," she said. "We thought, 'How can this possibly be? No one's a bigger champion of children than their parents, and we don't want to take the role of parents.'"

West said she and Mirabelli believe it's important to partner with parents, as moms and dads have the right and responsibility to raise their children "as they see fit."

She soon found herself in the crosshairs for "misgendering" a student and began to worry she would soon face "discipline." That's when she decided to take action.

Meanwhile, California Family Council Vice President Greg Burt called out Gov. Newsom and Attorney General Bonta, saying they "need to be accountable for threatening teachers and districts that won't deceive parents."

"God Bless the two teachers who valiantly defied this unconstitutional, immoral policy, guided by their conscience and Christian faith," Burt said in a statement.

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