A federal appeals court has issued a temporary block on a controversial ruling that would have forced California schools to inform parents if a student identifies as transgender. The decision, from the Ninth Circuit Court of Appeals, pauses a lower court order that threatened to overturn state laws protecting student privacy.
Last week, US District Judge Roger Benitez ruled in favour of a policy from the Escondido School District, which was represented by the conservative Thomas More Society. His ruling stated that California must allow schools to disclose a student's transgender status to their parents, directly challenging state laws that prohibit such mandatory disclosures and protect LGBTQ+ student privacy.
However, a three-judge panel from the Ninth Circuit has now intervened. The panel, composed of Chief Judge Mary Murguia and Judges Andrew Hurwitz and Salvador Mendoza—all appointed by Democratic presidents—issued an order to temporarily block Judge Benitez's ruling. This maintains the current legal protections while the case proceeds through the appeals process. The block is reported to last for at least the next week as California presents its arguments.
Advocacy groups have welcomed the pause. Following the initial ruling, Equality California stated that Judge Benitez's decision "goes far beyond" the specific case and "broadly targets numerous California laws and protections," attempting to invalidate safeguards that prevent forced outing. They emphasised these protections exist to keep students safe and ensure schools remain supportive environments.
Research underscores the potential harm of forced outing policies. Data from The Trevor Project indicates that LGBTQ+ youth in schools with such policies report significantly higher rates of anxiety, depression, and suicide attempts. A separate study from the University of Connecticut found that young people who were outed to their parents were more likely to experience elevated depressive symptoms and had lower levels of family support. Experts warn that as not all families are supportive, forced disclosure can lead to rejection, abuse, or homelessness for transgender youth.
While the temporary block offers a reprieve, the legal battle is far from over. The composition of the appellate panel is seen as favourable to upholding California's protections, but the case is widely expected to face further legal challenges. Given the US Supreme Court's recent history of intervening in transgender rights cases, the final outcome could have implications reaching far beyond California, potentially determining whether states can legally shield transgender students from being forcibly outed by their schools.
