U.S. District Judge Roger Benitez is threatening to sanction California officials over school policies that critics say deliberately hide children’s “gender identity” from their parents, a move drawing attention from lawmakers, parents and conservative legal advocates.
The case centers on concerns that state agencies may be misleading the court while continuing to enforce policies that restrict parental knowledge of students’ asserted gender.
The legal battle stems from a lawsuit filed by teachers and parents claiming that the California Department of Education and local school districts implemented rules requiring educators to keep students’ gender identity confidential, even when it differs from their biological sex.
Plaintiffs argue that these “gender secrecy” policies violate teachers’ First Amendment rights to free speech and parents’ Fourteenth Amendment rights to direct the upbringing of their children, Just the News reports.
The Thomas More Society represents the plaintiffs and has been a vocal critic of the policies.
Judge Benitez, a George W. Bush appointee, recently ordered State Attorney General Rob Bonta and the California Department of Education to “show cause” why they should not face sanctions for allegedly misleading the court.
State officials had argued that removing a public FAQ page containing the challenged policies rendered the case moot.
However, Benitez found that the content had simply been moved to the PRISM teacher training module, raising concerns that the state was attempting to enforce the same rules while avoiding judicial scrutiny.
The PRISM module instructs school staff to keep students’ gender identity confidential, permitting disclosure to parents only under limited circumstances such as safety concerns.
Conservative legal advocates note that the guidance misrepresents federal law, claiming that FERPA prohibits schools from sharing gender identity information, when in fact the statute protects parents’ rights to access their child’s educational records—not the state’s right to withhold information.
The lawsuit began in April 2023, when two Christian teachers from Escondido challenged district policies requiring them to conceal information from parents.
Judge Benitez initially blocked the policy, ruling it violated both religious freedoms and parental rights, according to Desert News.
Since then, he certified a class action on behalf of potentially millions of families and teachers affected by similar rules across the state.
Legal experts say the case has broad implications.
If state officials are not held accountable, it could embolden further restrictions on parental authority in education and undermine teachers’ free speech rights.
Conservative parents and advocacy groups argue that withholding information about a child’s gender identity from parents is both unnecessary and potentially harmful, leaving families without guidance to protect their children’s well-being.
The next hearing is scheduled for Nov. 17, when state officials must respond to the court’s order.
Observers expect Judge Benitez to demand clarity on whether the state deliberately misled the court and the scope of the policies.
Paul M. Jonna, special counsel for the Thomas More Society, emphasized that the case is about more than a single training module, calling it “about ensuring parents are respected in their fundamental role and that educators and state officials cannot unilaterally rewrite the rules on children’s upbringing.”
As the case develops, it is expected that parents, educators and conservative legal advocates will be watching closely.
The outcome could not only affect California schools but also set a precedent for parental rights and educational transparency nationwide.
Lawmakers and advocacy groups say the decision will send a clear message about whether state agencies can attempt to bypass accountability while controlling what information parents receive about their children.
