In a significant setback for LGBTQ+ student protections, a federal court ruling in the United States has concluded that teachers may disclose students’ gender identity to their parents, even without the student’s consent.
On 22 December, US District Judge Roger Benitez ruled that federal law permits school staff to notify parents of what he called “gender incongruence”. According to the court decision, teachers have the discretion to inform parents if a student expresses a gender identity different from their sex assigned at birth.
Judge Benitez’s order also bars schools from withholding information from parents, stating that employees cannot lie, mislead, or use alternate pronouns or names when speaking with parents if different ones are being used at school. It further prohibits denying parental access to student records.
Immediate Appeal Halts Order
In response to the ruling, California state officials filed an appeal the same day, prompting an application for stay — a formal request to pause the ruling’s implementation.
California Attorney General Rob Bonta criticised the decision, warning that if enforced, it would cause “chaos and confusion among students, parents, teachers, and staff at California’s public schools.” He also argued it would directly contradict state laws designed to protect transgender and gender non-conforming students.
“This decision undermines years of protections put in place to shield vulnerable students from being outed against their will,” Bonta stated in court documents.
State Law Remains in Effect (For Now)
Under current California law, schools are not required to inform parents when students come out or express a different gender identity at school. The law also protects teachers from being terminated if they choose not to disclose a student’s sexuality or gender identity to parents.
The ruling follows actions taken by some conservative school districts in California that have introduced mandatory parental notification policies. These controversial policies have sparked lawsuits and fierce debate over the rights of students to privacy versus the rights of parents to know.
Newsom Responds: “Teachers Shouldn’t Be Gender Police”
Addressing the controversy at a press conference, California Governor Gavin Newsom defended the state’s stance on protecting LGBTQ+ students’ privacy.
“Teachers can still talk to their parents,” Newsom said. “What they can’t do is fire a teacher for not being a snitch. I don’t think teachers should be gender police.”
The future of the ruling now depends on the outcome of the appeal, which will determine whether Judge Benitez’s decision will take effect or be overturned in higher courts.
