SCOTUS pauses California student gender-privacy protections, for now
The Supreme Court temporarily stopped a California law and related school policies that prohibit schools from automatically notifying parents when students change pronouns or gender expression. According to The Associated Press, justices granted an emergency appeal that blocks the law and policies for now while the case continues in lower courts.
Balancing religious freedom and student privacy
The dispute pits parents’ religious-rights claims against California’s argument that some students need privacy at school, especially if they fear rejection at home. The Thomas More Society, representing two sets of Catholic parents, argued the policies burden their religious beliefs and led schools to mislead them and facilitate their children’s social transition without their approval, AP reported.
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In January 2026, the U.S. Department of Education found California in violation of the Family Educational Rights and Privacy Act by withholding student records from families.
“This is a watershed moment for parental rights in America,” said Paul M. Jonna, Special Counsel at Thomas More Society. “The Supreme Court has told California and every state in the nation in no uncertain terms: you cannot secretly transition a child behind a parent’s back.”
In contrast, California officials said the privacy measures are meant to protect transgender students — particularly if disclosure could lead to rejection or abuse at home, according to CNN. California Gov. Gavin Newsom’s office criticized the legal challenge.
“Teachers should be focused on teaching — not forced to be gender cops,” Newsom spokesperson Marissa Saldivar said in a statement emailed to The Sacramento Bee. “Today’s shadow docket ruling by the Supreme Court undermines student privacy and the ability to learn in a safe and supportive classroom, free from discrimination based on gender identity.”
Siding with the parents, an unsigned Supreme Court order said the families are “likely to succeed” on their First Amendment Free Exercise Clause claim. The Thomas More Society called it “the most significant parental rights ruling in a generation.”
A divided court weighs in
The emergency appeal followed a 9th U.S. Circuit Court of Appeals decision that allowed the state’s policies to remain in effect by pausing an order from U.S. District Judge Roger Benitez that had put those policies on hold.
The high court’s three liberal justices issued a sharp dissent against Monday’s emergency intervention. Justice Elena Kagan argued the majority acted in a “slapdash” manner by stepping in before the lower courts finished reviewing the case, AP noted.
While the high court provided relief to the parents involved in the suit, CNN reported that the justices declined to grant similar relief to educators. However, conservative Justices Clarence Thomas and Samuel Alito said they would have gone further and granted relief for teachers as well, AP reported.
As a result of the Supreme Court’s order, the district court’s earlier injunction is back in effect. For now, that means the earlier injunction remains in place, blocking both the state law and the school policies while the litigation continues.
Ella Rae Greene, Editor In Chief
