Mirabelli v. Bonta

The U.S. Supreme Court granted Thomas More Society’s emergency application in Mirabelli v. Bonta (2026), and held in a 6-3 opinion that California’s Parental Exclusion Policies—which forced teachers to hide children’s gender transitions from parents—violate parents’ Free Exercise and Due Process rights.

Building on its holding in Mahmoud v. Taylor (2025), where the Court applied strict scrutiny when a school district refused to let parents opt out of LGBTQ+ storybooks, the Court found that California’s “intrusion on parents’ free exercise rights—unconsented facilitation of a child’s gender transition—is greater than the introduction of LGBTQ storybooks we considered sufficient to trigger strict scrutiny in Mahmoud.”

This historic ruling restored the class-wide permanent injunction issued by U.S. District Court Judge Roger T. Benitez, protecting a statewide class of parents opposed to California’s Parental Exclusion Policies. The Court rejected arguments against class certification, ensuring the restored injunction applies statewide.

The Mirabelli case began in 2023, when Thomas More Society filed a federal lawsuit for two teachers—Elizabeth Mirabelli and Lori Ann West—who stood up against California’s state-enforced Parental Exclusion Policies. After securing a preliminary injunction in September 2023, the case expanded into a civil rights class action that included teachers and parents harmed by these unconstitutional policies. After Judge Benitez entered a class-wide permanent injunction, California appealed. Following the Supreme Court’s decision in March 2026, which established binding precedent for the entire country, the Mirabelli injunction protecting parents remains in effect across California.