SAN DIEGO, CA – The Ninth Circuit Court of Appeals yesterday issued an order granting California’s emergency motion for a stay pending appeal in Mirabelli, et al. v. Bonta, et al., temporarily halting the class-wide permanent injunction that had blocked the State’s gender secrecy policies in public schools. The first-of-its-kind permanent injunction, issued by U.S. District Judge Roger Benitez on December 22, 2025, had protected California public school teachers and parents statewide who object to these policies.

Thomas More Society attorneys announced today they will immediately pursue further appellate review of the stay order through multiple avenues.

“We are deeply disappointed that this three-judge panel has taken the extraordinary step of staying a class-wide permanent injunction, disregarding the severe irreparable harm that will now occur to our clients and all members of the classes,” said Paul M. Jonna, Special Counsel for Thomas More Society and Partner at LiMandri & Jonna LLP. “We believe the panel’s decision misapplied both the facts and the law. We will immediately seek en banc rehearing before the full Ninth Circuit and simultaneously pursue review by the U.S. Supreme Court.”

Judge Benitez’s December ruling found that California’s “Parental Exclusion Policies”—which require teachers to conceal students’ secret gender transitions from parents—violate parents’ substantive due process and free exercise rights, as well as teachers’ free speech and religious liberty protections. The decision followed a comprehensive summary judgment hearing in November 2025, where evidence emerged that state officials had continued enforcing these policies through mandatory teacher training even as they claimed otherwise in court.

“California is trying to undo this victory for families and educators, but we will not let that happen. This is an issue of national importance and will likely need to be settled by the U.S. Supreme Court,” Jonna added.“While the fight continues at the appellate level, we remain confident that our clients’ constitutional rights will ultimately be vindicated. Parents have a fundamental right, recognized by the Supreme Court for over a century, to direct their children’s upbringing. Teachers have a constitutional right to communicate honestly with parents without being forced to deceive them in violation of their faith. California cannot override these rights, and we are prepared to take this case as far as necessary—including all the way up to the Supreme Court—to protect the families and educators who are being harmed by these policies.”

“This stay is a temporary setback, not a final outcome,” said Peter Breen, Executive Vice President and Head of Litigation at Thomas More Society. “The district court’s thorough analysis of the constitutional issues remains sound. We will continue to stand with Elizabeth Mirabelli, Lori West, and the courageous families who brought this case forward. Their fight to restore transparency and parental involvement in California’s public schools is far from over.”

The case began when two veteran teachers in the Escondido Union School District, Elizabeth Mirabelli and Lori West, faced an impossible choice: lie to parents about their children’s gender transitions, in violation of their faith, or risk retaliation and disciplinary action. As the case progressed, parents who had been directly harmed by these policies joined as plaintiffs. The district court certified the case as a class action in October 2025, with separate classes for teachers and parents who oppose gender secrecy mandates statewide.

Thomas More Society attorneys expect to file their request for reconsideration en banc, as well as their emergency request to the Supreme Court for a stay of the Ninth Circuit’s order, this week.