In March, 2026, the U.S. Supreme Court delivered a landmark win for California parents and parental rights nationwide. In a 6-3 ruling, the High Court partially vacated the stay put in place by the Ninth Circuit Court of Appeals in the high-profile Mirabelli case.
In December, 2025, a federal district court in Southern California issued a statewide permanent injunction in Mirabelli v. Olson, blocking California policies that instruct school districts to lie to parents about a child’s gender transition at school. U.S. District Judge Roger Benitez ruled in favor of Escondido teachers who objected to being forced to actively deceive parents, along with parents who said the policies violated their religious beliefs and constitutional rights.
Because the case had been certified as a class action lawsuit, the ruling protected parents and teachers across the state.
California Attorney General Rob Bonta appealed the decision to the Ninth Circuit, where a three-judge panel granted a stay of the injunction that would have allowed California’s secrecy policies to remain in effect during the ongoing appeal. Instead, the Supreme Court overturned the stay as it relates to California parents, ordering the injunction to take effect immediately.
In the landmark ruling, the Supreme Court considered the stay only, not the merits of the case. However, the Court said California’s secret transition policies likely violate parents’ rights under both the Free Exercise Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment, and that the parents in the class action were likely to succeed on the merits of those claims.
The Court sent the case back to the Ninth Circuit for consideration, reprimanding the appeals court for “brushing aside” the Supreme Court’s decision in Mahmoud v. Taylor last year. Mahmoud upheld the right of parents to opt their children out of “LGBTQ+ inclusive” books and curriculum when it conflicts with their religious beliefs.
“The Supreme Court’s decision is a major win for California parents because state education officials now have to abide by the injunction,” said Emily Rae, President of CPC’s California Justice Center. “Attorney General Bonta and Superintendent Thurmond can’t keep parents and school districts trapped in a gray area any longer.”
Status: U.S. Supreme Court decision in favor of Mirabelli issued March 2, 2026.
