An attorney for parents in California has submitted an emergency request to the Supreme Court, aiming to halt a federal appeals court ruling that allows the state’s “gender secrecy” policy to remain in effect.
Lawyers from the Thomas More Institute argued in their filing that California law mandates public schools to conceal children’s stated “transgender identity” from their parents, including those who are religious. They assert that school officials are compelled to “actively facilitate the ‘social transition'” of children, even if parents specifically object.
Paul M. Jonah, special counsel for the Thomas More Society, emphasized the urgency of the situation, stating, “A scheme to defraud California parents is causing irreparable harm to families, which is why we are asking the U.S. Supreme Court for immediate intervention. The state is unjustly intervening between parents and children, mandating schools to mislead families and penalizing teachers for being honest.”
This lawsuit stemmed from a class action, initially filed in 2023 by two Christian teachers in California, and later joined in 2024 by several parents worried about their families’ welfare under this policy. Among the plaintiffs are John and Jane Poe, who claim they were unaware that their middle school daughter was recognized as a male at school for nearly a year.
According to the filing, “It was not until six months later, after Childe Poe’s suicide attempt, that her treating doctor notified her parents of her ongoing gender transition in school.”
Since they could not afford private school, her parents chose to move her to another school, insisting that administration keep them updated on their daughter’s gender designation, legal name, and use of biological pronouns. However, the school dismissed their requests, citing state regulations.
The parents of Poe have reportedly been ignored by the school, which is in line with California’s policy that requires withholding such information about their daughter. Similar situations were reported by other plaintiffs, John Doe and Jane Doe, who also found their daughters had initiated social transitions without their knowledge as early as fifth grade. They continue to be excluded from information about their daughters’ current gender expression at school.
The Thomas More Society lawyers filed this emergency application after a federal appeals court overturned a lower court’s decision that had blocked the state’s policy. On December 22, 2025, a federal district court had issued a permanent class-wide injunction against the Gender Secrecy Policy. However, on January 5, 2026, the U.S. Court of Appeals for the Ninth Circuit lifted that injunction, allowing the policy to resume in public schools amid ongoing litigation.
“California has spent three years concealing its practices, modifying teacher training policies, and altering legal arguments to evade accountability,” declared Peter Breen, executive vice president and director of litigation at the Thomas More Society. “We can’t let procedural tactics delay justice for these families. The Court of Appeals’ ruling overlooks the facts and disregards recent Supreme Court decisions. We are confident in the validity of our legal claims.”
Jonah asserted the importance of parental involvement, stating, “We can’t instruct parents to remain silent while their children are in danger. The Supreme Court should stay the Ninth Circuit’s temporary order and enforce the district court’s permanent injunction immediately.”
He also mentioned, “The constitution does not permit the state to substitute itself for parents or coerce teachers to manipulate situations. The Supreme Court must intervene now.”
Additionally, the attorneys have filed a separate motion with the Ninth Circuit, seeking a major reconsideration of the cease and desist order.
