California Gov. Gavin Newsom and state Attorney General Rob Bonta have been removed as defendants in a lawsuit brought by two teachers over a policy that bans teachers from notifying parents of a student’s gender transition.
Elizabeth Mirabelli and Lori Ann West, two teachers in the Escondido School District in San Diego County, sued the district and several administration members over the policy in April 2023, claiming it violated their religious freedom and free speech.
Mr. Newsom and Mr. Bonta asked the court to dismiss them as defendants because the school district’s protocol was based on “guidance” and not binding policies or official law, and the judge granted their request.
Emmanuelle Soichet, an attorney representing the attorney general, said during an April 29 hearing that the state was “ready to disavow any enforcement.”
However, Paul Jonna of the Thomas More Society, who represents the two plaintiffs, argued that other school districts across the state that passed policies requiring parents to be notified if their child identifies as transgender were pressured to comply with the state’s guidance.
Mr. Jonna cited Mr. Newsom’s threat to sue the Temecula Valley Unified School District last summer for not approving a social studies curriculum that included supplementary material that mentioned Harvey Milk, a gay rights advocate who allegedly had an inappropriate relationship with a minor. The board eventually approved the curriculum with exceptions.
However, the judge concluded that Mr. Newsom’s statements against the Temecula Valley School Board have not yet crossed over into state action and took Ms. Soichet’s statements that the state would not enforce the guideline as binding.
