The teachers were placed on administrative leave after they refused to lie to parents
CA teachers claim school required them to lie to parents about students’ gender identity
California teacher and plaintiff Elizabeth Mirabelli and her attorney Paul Jonna join ‘Fox & Friends Weekend’ claiming the rule violates her constitutional First Amendment rights.
Two Christian teachers have added California Democrats Gov. Gavin Newsom and Attorney General Rob Bonta to a lawsuit that claims they were forced to lie to parents about students confused about their gender.
An amended lawsuit filed on January 29 by attorneys for Rincon Middle School teachers Elizabeth Mirabelli and Lori Ann West alleges that the educators had their First Amendment rights violated by policies related to the treatment of transgender and gender diverse K-8 students.
The lawsuit claims that the Escondido Union School District (EUSD) policies forced teachers to aid in students’ "social transition" by using pronouns and gender-specific names requested by the students during school hours. The teachers were allegedly told to revert to the students’ biological pronouns and legal names when speaking with parents "in order to actively hide information about their child’s gender identity."
"According to EUSD’s policies, all elementary and middle school teachers must unhesitatingly accept a child’s assertion of a transgender or gender diverse identity and must ‘begin to treat the student immediately’ according to their asserted gender identity. There’s no requirement for parent or caretaker agreement or even for knowledge," the lawsuit states.
Elizabeth Mirabelli is one of the two teachers who has filed a lawsuit related to a parental notification policy in California schools. (PATRICK T. FALLON/AFP via Getty Images/Elizabeth Mirabelli)
Attorneys for the plaintiffs claim that if a concerned parent asks a teacher whether their child has socially transitioned, the teacher must respond by saying, "the inquiry is outside of the scope of the intent of their interaction’ and they are only permitted to discuss "information regarding the student’s behavior as it relates to school, class rules assignments, etc."
If a parent discovers that their child has socially transitioned, EUSD policies "flatly prohibit teachers from respecting parents’ wishes" and parents are not allowed to override a student’s request, the plaintiffs claim.
The lawsuit further notes that EUSD policies are based on a model and guidance promoted by the California Department of Education.
"According to the CDE, these policies are required by state and federal anti-discrimination law—and compliance with the CDE’s interpretation of anti-discrimination law is a condition for receiving state education funds," the lawsuit continues. "Further, according to the Attorney General, the State of California will sue any school district who fails to adopt these policies."
LAWYER FOR CALIFORNIA TEACHERS: SCHOOLS REQUIRING THEM TO LIE TO PARENTS ABOUT KIDS’ GENDER IDENTITY
California Gov. Gavin Newsom speaks at a news conference in Sacramento, Calif., Thursday, March 16, 2023. (AP Photo/Rich Pedroncelli)
As such, the attorney general was added to the lawsuit. Thomas More Society attorney Paul Jonna, who represents the plaintiffs, noted that the previously named defendants, which include the school district and the CDE, are all "operating under the supervision and control of the governor, who has ultimate responsibility for overseeing the state’s education system."
"The Escondido Union School District has asserted that it is compelled by the state to adopt and enforce parental exclusion policies in which California dictates the deception requiring teachers to lie to parents about their students. That leads to the conclusion that the state, and therefore, the Governor is the driving force behind the violation of Elizabeth Mirabelli and Lori Ann West’s constitutional rights," Jonna added.
George W. Bush-appointed Judge Roger Benitez granted a preliminary injunction on September 14 that halted EUSD from enforcing the policy related to social transitioning.
The teachers also appealed to the United States District Court of the Southern District of California last month to find EUSD and other related parties in contempt for not permitting them to return to their teaching positions after they were placed on administrative leave.
EUSD finally permitted Mirabelli and West to resume their teaching at the school after receiving a court warning.
EUSD, Newsom and Bonta's office did not return Fox News Digital's request for comment.
Nikolas Lanum is an associate editor for Fox News Digital.
