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4w ago

Ninth Circuit Temporarily Blocks California’s AB 1955

Citing the Supreme Court’s Mirabelli precedent, the limited injunction prevents enforcement for Huntington Beach plaintiffs while appeals proceed.

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Gavin Newsom reacts with his mouth open while wearing sunglasses and a black collared shirt, with a hand raising on the left and a "GAVIN" sign with a blue bear above it in the background.
FILE - Students walk out of classes at McLean High School in McLean, Va., Sept. 27, 2022, to protest Republican Gov. Glenn Youngkin's proposed changes to the state's guidance on district policies for transgender students. Youngkin's administration said Tuesday, July 18, 2023, that it had finalized new model policies for the treatment of transgender students, guidance that will direct local districts to roll back some current accommodations and increase parental notification requirements about discussions involving gender identity. (AP Photo/Matthew Barakat, File)

Overview

  • A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a preliminary injunction this week that bars California from enforcing key parts of Assembly Bill 1955 against the City of Huntington Beach and the parents who sued.
  • The panel grounded its decision in the U.S. Supreme Court’s March Mirabelli ruling, saying that precedent makes the Huntington Beach plaintiffs likely to succeed on their constitutional claims and that they have legal standing.
  • AB 1955, signed by Gov. Gavin Newsom in July 2024, prohibits school staff from notifying parents when students change names, pronouns or gender expression at school; supporters say it protects students from forced outing and opponents say it shuts parents out of decisions about their children’s health.
  • Conservative legal groups representing the plaintiffs, including America First Legal and the Thomas More Society, hailed the ruling as a vindication of parental rights, while California officials say they will continue to defend the law as necessary to protect student privacy.
  • The injunction is limited to the Huntington Beach plaintiffs and does not block the law statewide; the case (City of Huntington Beach v. California, No. 25-3826) will continue through the appeals process with possible further review that could shape how Mirabelli applies to other school policies nationwide.