Governor Newsom and Attorney General Bonta Join Lawsuit Regarding California Gender Policy

A lawsuit regarding two California middle school teachers who were put on administrative leave because they wouldn’t abide by a student gender identity policy has been amended to include Gov. Gavin Newsom and Attorney General Rob Bonta.

Elizabeth Mirabelli and Lori Ann West of Rincon Middle School near San Diego filed a federal lawsuit in April against the Escondido Unified School District and the California Department of Education over the policy, which requires teachers to refer to students by their preferred names and pronouns at school while using biological pronouns and legal names when speaking with the students’ parents.

The Thomas More Society, a conservative legal group that is defending the teachers, said Thursday it filed an amended lawsuit to include Newsom and Bonta, both Democrats.

“These previously named defendants are all operating under the supervision and control of the governor, who has ultimate responsibility for overseeing the state’s education system,” attorney Paul Jonna said in a news release. “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 parent 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.”

In September, U.S. District Court Judge Roger Benitez, a George W. Bush appointee, placed a preliminary injunction against the policy and also ruled West and Mirabelli must be allowed to return to work. Benitez wrote the school’s gender policy “likely violates” the U.S. Constitution and labeled it “a trifecta of harm” against children, parents, and teachers.

Later that month, Bonta issued a letter titled “Guidance Regarding Forced Disclosure Policies Concerning Gender Identity” to school district superintendents and members of boards of education. The Thomas More Society said the letter instructed school districts to implement policies enabling them to conceal a student’s self-selected gender “identity” from parents or legal guardians.

On Jan. 10, Bonta doubled down on his earlier directive to school districts. The Thomas More Society said Bonta, in a legal alert, claimed that “outdated social stereotypes” were a leading reason “districts advancing such policies” cited for keeping parents informed of their child’s gender-related issues when presented in school.

“The California Department of Education tried to have it both ways,” Jonna said. “On the one hand, they tried to tell the court that their ‘guidance’ on gender identity policies is not mandatory, even though they used words like ‘must’ and ‘required.’ Meanwhile, elsewhere in California, they’re working hand-in-hand with the California attorney general enforcing this supposedly nonbinding ‘guidance’ with litigation and by withholding millions of dollars of state education funds.”

In January, a hearing was held at U.S. District Court in the Southern District of California to hear a motion for contempt of court sanctions against the school district because it had yet to allow Mirabelli and West back in the classroom. Benitez ordered the district to allow Mirabelli and West to return to school. West returned on Jan. 16, and a Thomas More spokesperson said Mirabelli plans to return soon.

Newsmax reached out to Newsom and Bonta for comment.