This story originally appeared on The Advocate.
California officials may not enforce key provisions of a law protecting transgender students from forced outing against the parents challenging it while their lawsuit proceeds, a federal appeals court ruled Thursday.
The U.S. Court of Appeals for the 9th Circuit granted a preliminary injunction preventing officials from enforcing Sections 5 and 6 of Assembly Bill 1955 against the plaintiff parents in City of Huntington Beach v. Newsom with respect to information about their own children. The ruling does not block enforcement statewide.
The decision relied heavily on the U.S. Supreme Court’s March ruling in the related case Mirabelli v. Bonta. There, the justices said parents challenging California’s student confidentiality policies were “likely to succeed on the merits” of claims under the First Amendment’s Free Exercise Clause and the 14th Amendment’s Due Process Clause. The Supreme Court lifted a stay that had prevented a lower court injunction from taking effect for the parent plaintiffs while that case proceeds.
Related: California bans forced outing of LGBTQ+ students as Gov. Gavin Newsom signs landmark law
Citing that ruling, the 9th Circuit reconsidered its earlier decisions denying the Huntington Beach plaintiffs preliminary relief. The appellate panel concluded that the parents were likely to prevail and would suffer irreparable harm without an injunction.
The 9th Circuit had previously allowed the law to remain in effect while California challenged an injunction issued by a federal district court in Santa Ana, according to the Los Angeles Times.
California Gov. Gavin Newsom signed AB 1955, known as the SAFETY Act, in July 2024. The law prohibits school districts from adopting policies requiring employees to disclose information about a student’s sexual orientation, gender identity or gender expression without the student’s consent. It also protects school employees from retaliation for supporting LGBTQ+ students.
The measure came amid a national fight over policies requiring schools to notify parents when students use different names or pronouns or otherwise express a gender identity at school that differs from the sex they were assigned at birth.
Related: Chino Valley school district sues California over new law banning forced outing
Supporters of LGBTQ+ youth say forced-outing policies can endanger LGBTQ+ students whose families may not be supportive or accepting. “This critical legislation will strengthen protections for LGBTQ+ youth against forced outing policies, provide resources for parents and families of LGBTQ+ students to support them as they have conversations on their own terms, and provide critical safeguards to prevent retaliation against teachers and school staff who foster a safe and supportive school environment for all students,” Equality California Executive Director Tony Hoang said when lawmakers passed the bill in 2024.
Opponents argue that the law infringes on parents’ constitutional right to direct their children’s upbringing and prevents families from learning important information about their children. America First Legal represents the parents challenging AB 1955 in the Huntington Beach case.
“It’s far past time for California officials and school districts to realize they can’t legally use our kids to conduct gender transition experiments at school,” Liberty Justice Center senior counsel Timothy Snowball said in a separate June 2 statement addressing California school policies.
“Parents have a right, both legally and morally, to direct their own children’s education. This includes knowing essential information about their health, well-being, and education.”
