A federal appellate court has temporarily halted California’s gender secrecy law, which allowed schools to conceal a student’s “gender transition” from their parents.
The U.S. Court of Appeals for the 9th Circuit ruled on Thursday in favor of Huntington Beach, putting the law on hold. A three-judge panel issued a preliminary injunction while the lawsuit is ongoing, referencing a Supreme Court decision from March that challenged the law in a different case.
“Given the circumstances in the Mirabelli case, the mover’s side has a strong likelihood of succeeding with their constitutional claims,” noted the commission.
Nick Barry, a senior attorney representing Huntington Beach through America First Legal, described the Ninth Circuit’s ruling as a significant affirmation of parental rights.
He stated, “California cannot compel school staff into complicity against parents. Such laws disrupt family relationships and are fundamentally wrong. The Constitution affirms that parents have the right to be informed about their children’s well-being, particularly regarding mental health, and state legislation cannot override this essential protection.”
In July 2024, Governor Gavin Newsom signed a law that made California the first state to restrict school districts from requiring staff to notify parents if a student changes their gender identity at school.
In response, the Huntington Beach City Council passed the “Parent Right to Know” ordinance, mandating that teachers inform parents about their child’s “gender identity.”
At that time, then-Mayor Gracie Van Der Mark emphasized that the ordinance reflects the city’s stand against what they see as Sacramento’s excessive overreach undermining the parent-child bond.
The city initiated legal action against California, but a district court initially blocked it. Following the Supreme Court’s intervention in a separate case, Huntington Beach renewed its legal challenge, asserting that parental authority over children’s education should prevail over state interests.
Paul M. Jonah, special counsel for the Thomas More Society involved in the Supreme Court case, remarked that the Ninth Circuit’s decision was a response to the courage shown by their client in challenging California’s gender secrecy law back in 2023.
“The Supreme Court’s ruling makes evident that parents cannot be sidelined regarding their child’s ‘gender identity’ at school,” Jonah added, expressing satisfaction that the Ninth Circuit deemed AB 1955 unconstitutional.
Despite the ruling, Governor Newsom and the California Democratic Party continue to back the Gender Secrecy Act, pledging to keep advocating for it.
“Educators should focus on teaching, not act as gender monitors,” stated Newsom’s spokesperson Marissa Saldivar, following the Supreme Court’s decision. “This ruling undermines students’ privacy and their ability to thrive in learning environments free from discrimination.”
This case is documented as Huntington Beach v. California, No. 25-3826, in the United States Court of Appeals for the Ninth Circuit.
