In Mirabelli v. Olson, (SD CA, Jan. 7, 2025), a California federal district court denied motions to dismiss a suit brought by teachers and parents challenging a policy of the state board of education that schools are not to disclose a student's announced change of gender identity to the student's parents without the student's consent. The policy is intended to protect student privacy. Among other challenges, plaintiffs claimed that the policy violates their 1st Amendment free exercise and free speech rights. The court said in part:
According to the Complaint, the policies force parents to accede to a school’s plan to neither acknowledge nor disclose information about their child’s gender dysphoria. By concealing a child’s gender health issues from the parents, parents are precluded from exercising their religious obligations to raise and care for their child at a time when it may be highly significant, because they are kept uninformed of the need for their child’s religious guidance. “....
... Teachers do not completely forfeit their First Amendment rights in exchange for public school employment. To the extent that teachers allege (as they do here) that EUSD has hired their speech to speak falsely or deceptively to parents of students, the teachers make out a plausible claim for relief under the First Amendment’s Free Speech Clause. Likewise, to the extent teachers allege (as they do here) that EUSD’s curriculum includes what the teachers sincerely believe to be lies and deceptions for communications with school parents and that such prevarications are religiously or morally offensive, the teachers make out a plausible claim for relief under the First Amendment’s Free Exercise Clause. EUSD contends that it is not a lie to not answer a question. That the teachers sincerely held religious beliefs to the contrary cannot be simply dismissed....
There are no controlling decisions that would compel this Court to limit or infringe parental rights, notwithstanding the State’s laudable goals of protecting children. This Court concludes that, in a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child. Therefore, the Court finds that the Plaintiffs have stated plausible claims upon which relief can be granted and the motions to dismiss are denied.
