DeKalb GA News

A legal battle over parental rights in schools is set to continue following a recent court decision. The Thomas More Society announced that U.S. District Court Judge Roger T. Benitez has denied all motions to dismiss in the case of Mirabelli v. Olson.

The lawsuit questions "Parental Exclusion Policies" implemented by certain schools, which prevent parents from being informed about their children's activities at school. California Attorney General Rob Bonta, along with members of the California Department of Education and the Escondido Union School District, sought to have the case dismissed, arguing that their policies were merely suggestions and did not cause harm.

Judge Benitez disagreed, stating that parents "enjoy standing and have stated plausible claims upon which relief can be granted." He noted that "the Supreme Court has long recognized that parents hold a federal constitutional Due Process right to direct the health care and education of their children."

Paul Jonna, special counsel with the Thomas More Society, expressed satisfaction with the ruling: “We are incredibly pleased that the Court has denied all attempts to throw out our landmark challenge to California’s parental exclusion and gender secrecy regime. Judge Benitez’s order rightly highlights the sacrosanct importance of parents’ rights in our constitutional order, and the First Amendment protections afforded to parents and teachers.”

Judge Benitez further remarked on the implications of withholding information from parents: “By concealing a child’s gender health issues from the parents, parents are precluded from exercising their religious obligations to raise and care for their child at a time when it may be highly significant.” He concluded that "in a collision of rights as between parents and child, the long-recognized federal constitutional rights of parents must eclipse the state rights of the child."