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Ninth Circuit Rejects California Bid to Narrow Parental-Notification Injunction

The panel directed the state to seek any changes from the trial judge who issued the order.

Overview

  • California’s emergency request to modify the injunction in Mirabelli v. Bonta was denied by a three-judge Ninth Circuit panel.
  • The court said the district court retains jurisdiction to adjust its injunction while the appeal proceeds.
  • U.S. District Judge Roger Benitez previously certified a class and entered a permanent, statewide bar on policies allowing schools to withhold a student’s asserted gender identity from parents.
  • The U.S. Supreme Court earlier vacated the Ninth Circuit’s stay in a 6–3 order, restoring the injunction and indicating likely First and Fourteenth Amendment violations.
  • Plaintiffs’ attorneys at the Thomas More Society praised the decision and emphasized that the injunction does not preclude child-protection actions in abuse cases.