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Coalition urges 9th Circuit to uphold parental rights
The Center Square – A coalition of 17 states, lawmakers and advocacy organizations has filed 12 friend of the court briefs urging the 9th U.S. Circuit Court o
By Esther Wickham · 2026-09-06T10:24:10.271Z
The Center Square – A coalition of 17 states, lawmakers and advocacy organizations has filed 12 friend of the court briefs urging the 9th U.S. Circuit Court of Appeals to uphold that parents and teachers have constitutional rights to know about their children despite public school gender policies.
The briefs were filed in Mirabelli v. Bonta, a case involving California’s “Parental Exclusion Policies,” which the Thomas More Society led as counsel for a class of parents and teachers challenging the policies.
In December, U.S. District Judge Roger Benitez issued a permanent injunction blocking the policies, saying that parents have the right to know and public schools cannot socially transition students’ gender while withholding that information from their parents.
The 9th Circuit, which is based in San Francisco, later stayed the injunction. In March, the U.S. Supreme Court vacated the stay in a 6 3 decision, The Center Square previously reported. https://www.thecentersquare.com/california/article da3ad1e4 d30e 430e 84fe ad9cf601080f.html
California has continued its appeal, and Thomas More Society filed an answering brief at the end of August urging the 9th Circuit to affirm the injunction. According to the Thomas More Society, California is continuing to argue that parents do not have a right to know about their child’s gender identity unless they specifically ask.
“California’s response to the Supreme Court is not nuanced,” the brief stated. https://cdn.prod.website files.com/63d954d4e4ad424df7819d46/6a905f0d4fa78dfe6c216b9b 260826 Mirabelli.pdf “In doubling down on exactly the same arguments the Supreme Court rejected, California’s audacious request is that this Court override the Supreme Court’s ruling in this case.”
“The Supreme Court already told California that its gender secrecy policy cannot stand. Now dozens of states, sitting members of Congress, physicians, and legal scholars are echoing the same message,” Peter Breen, executive vice president and head of litigation at Thomas More Society, said in a statement. “California should stop fighting a battle it has already lost and let parents back into their children’s lives.”
Following this appeal, the Becket Fund for Religious Liberty, the Manhattan Institute, Defending Education, Concerned Women for America and many other organizations and elected officials have sent briefs arguing that school facilitated social transitions should not conceal sensitive decisions about children from their families.
Five Republican U.S. senators Ted Cruz of Texas, Mike Lee of Utah, Kevin Cramer of North Dakota, Roger Marshall of Kansas and James Banks of Indiana argue https://cdn.prod.website files.com/63d954d4e4ad424df7819d46/6a99d569c801b6e75a4aee74 Dkt.%2052 Senators%20Amicus%20Brief.pdf that parental rights are rooted in centuries of legal tradition and protected by the Constitution.
An amicus curiae from 17 states https://cdn.prod.website files.com/63d954d4e4ad424df7819d46/6a99d56928251c00d7f88443 Dkt.%2082 State%20AGs%20Amicus%20Brief.pdf contends that parental authority is among the nation’s oldest recognized fundamental liberties and that states have an independent interest in protecting parents’ rights.
“ O ur Constitution places the burden on States to respect fundamental rights, not on citizens to claw back the right to parent their own children after their express demands are flatly rejected. The decision below inverts this constitutional reality,” the states' brief said.
"Esther is an education reporter for The Center Square. Please email her at ewickham@thecentersquare.com for tips or questions."
This story originally appeared on thecentersquare.com https://www.thecentersquare.com/california/article bac3897f ee40 4b9f 9b1b 4374d58b2e36.html .