A San Diego federal judge has certified a class action lawsuit brought by two Escondido teachers who sued over school district policies governing what information can be shared with parents of transgender and gender-nonconforming students.
The lawsuit initially filed on behalf of Rincon Middle School teachers Elizabeth Mirabelli and Lori Ann West sought to block enforcement of Escondido Union School District policies requiring them to use pronouns or gender-specific names requested by students, while keeping that information private from others, including the students' parents.
U.S. District Judge Roger Benitez previously issued a preliminary injunction barring the district from enforcing the policies.
In an order issued last week, Benitez ruled that the lawsuit could cover a class that includes state public education employees and parents/guardians who object to the policies, as well as educators or parents/guardians who submit exemption requests to opt out of complying with the policies or have the policies applied to them.
The ruling means a Nov. 17 summary judgment hearing scheduled in the case would have statewide implications if Benitez rules such policies are unconstitutional.
State attorneys argued there is no statewide policy of that kind and each of the more than 1,000 school districts in California sets its own policies.
Benitez wrote that "While there are many local school districts, they all must march to the beat of the state defendants' drums."
Paul Jonna, one of the attorneys representing the plaintiffis in the case, said in a statement, "Judge Benitez has recognized that California's gender secrecy policies affect millions of families and teachers, and that everyone impacted deserves to have the fundamental constitutional issues squarely resolved. With this class action certified, every affected parent and teacher in California now has a voice in court."
