On March 2, 2026, in a six-to-three decision, the Supreme Court of the United States overturned a decision by the Ninth Circuit attempting to balance student privacy rights and parental rights in light of a student’s transgender status. Mirabelli v. Bonta,  Case No. 25A810, 607 U.S. ____ (2026). The California school system had implemented policies preventing teachers from sharing information on a student’s transgender status absent that student’s consent. State guidance further required teachers to refer to students by their preferred name and with their preferred pronouns. The District Court granted summary judgment for the plaintiffs and found that enforcing such a policy infringed upon parents’ rights to direct their children’s upbringing under both the First and Fourteenth Amendments. As such, the District Court enjoined the defendants from enforcing those policies. The Ninth Circuit granted the defendants a stay of the District Court decision pending appeal, but the Supreme Court reversed that stay.

The plaintiffs argued that preventing parents from knowing about their child’s transgender status was interfering with their ability to direct their child’s religious upbringing, in violation of the First Amendment. A second group of parents further argued that, even absent religious concerns, the Fourteenth Amendment enshrined their substantive due process right to direct the general upbringing of their children. The Supreme Court agreed on both counts, noting the importance of including parents in the important decisions regarding a child’s best interests. The Court also noted that if States were inclined to adopt a policy that prevented teachers from disclosing a student’s transgender status, they may want to include religious exemptions to avoid running afoul of the Constitution.

The Court’s decision is not a definitive adjudication of the issues. The merits of the case are still in front of the Ninth Circuit. The Court’s order simply overturned the Ninth Circuit’s stay of the District Court’s decision. However, the persuasive authority of the opinion is clear, especially in states like Illinois, where the State Board of Education has recommended similar polices. Schools must be careful when balancing the needs of their students with the rights of the parents.

For more information about this article, please contact Tressler Attorney Alex Myers at amyers@tresslerllp.com.

About the Author

Alexander (Alex) Myers serves as an associate in Tressler’s Local Government and Litigation Practice Groups. His practice is primarily focused on civil rights litigation, tort litigation, employment litigation and counseling, and matters arising from section 1983, and police misconduct. Alex has successfully defended his clients through all stages of litigation and, through that process, has gained valuable litigation skills. Click here to read Alex’s full attorney bio.