Appeals Court Blocks Teacher Outing Policy

By: Paul Goldberg, Senior Editor | JRL CHARTS – LGBT Politics Asia

SAN DIEGO, CA — (January 4, 2026) — A federal appeals court has stepped in to halt a controversial ruling that would have allowed school employees to disclose a student’s gender identity to their parents without the student’s consent — a decision that has sparked national concern among LGBTQ advocates, educators, and civil rights groups.

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The 9th U.S. Circuit Court of Appeals issued an emergency administrative stay late Friday, freezing enforcement of a ruling handed down earlier this week by U.S. District Judge Roger Benitez. That ruling would have blocked an Escondido Union School District policy requiring staff to keep a student’s transgender or gender-nonconforming status confidential unless the student agreed to its disclosure.

While the appeals court has not yet decided whether to impose a longer-term stay, it is expected to rule on that question next week. Until then, the district’s confidentiality policy remains in effect.

What the Case Is About

The case, Mirabelli v. Olson, was filed in 2023 by two Escondido teachers who argued that the school district violated their free speech and religious rights by prohibiting them from revealing students’ gender identity to parents without permission.

The district’s policy, based on California Department of Education guidance at the time, was designed to protect LGBTQ students — particularly transgender and nonbinary youth — from being involuntarily outed to families who may be hostile or unsafe.

Judge Benitez sided with the teachers earlier this week, ruling that the policy improperly restricted their ability to speak with parents about what they viewed as a child’s “social transition.”

But LGBTQ advocates warned the decision would have opened the door to widespread outing of transgender students, potentially exposing them to abuse, homelessness, or psychological harm.

Why the Appeals Court Intervened

The 9th Circuit’s decision to immediately pause the ruling signals that the appellate judges believe the case raises serious constitutional and civil rights questions.

Civil rights groups had urged the court to act quickly, warning that even a short period of enforcement could put vulnerable students at risk.

“Outing a transgender student without their consent is not a neutral act — it can be dangerous,” one legal brief submitted to the court stated.

By granting a temporary stay, the appeals court ensured that existing protections remain in place while it considers whether the lower court’s ruling should be blocked during the appeal process.

A Growing National Battle

The case is part of a larger nationwide fight over LGBTQ youth, parental rights, and the role of schools in supporting transgender students.

Conservative lawmakers and advocacy groups across multiple states have pushed for “parental notification” policies, arguing that parents have a right to know about a child’s gender identity or pronoun use at school.

LGBTQ organizations counter that forced disclosure policies ignore the realities many queer and trans youth face at home, including rejection, emotional abuse, or being kicked out.

California has positioned itself as a stronghold for LGBTQ student protections, making the outcome of this case especially significant beyond the state.

What Happens Next

The 9th Circuit is expected to decide next week whether to extend the stay while the full appeal proceeds. If it does, the lower court ruling will remain blocked for months — or even longer — as the case moves forward.

A final decision could eventually be appealed to the U.S. Supreme Court, placing transgender student privacy squarely at the center of a national constitutional showdown.

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