Appeals court rejects California's request to partially restore 'gender secrecy' policies

The Golden State claimed the permanent injunction by a district court violated the "reasoning" of a Supreme Court order upholding it, but the 9th Circuit told California to ask the district judge to revise the injunction.

Published: March 18, 2026 2:18pm

California lost its last-ditch attempt to restore its so-called gender secrecy policies in schools, at least in part, after the Supreme Court upheld the permanent injunction issued by U.S. District Court Roger Benitez.

The 9th U.S. Circuit Court of Appeals, which temporarily blocked Benitez's injunction while California's appeal proceeded, told the Golden State Tuesday to go back to Benitez and seek if he'll modify the injunction to let it protect gender-confused students from undefined parental "abuse" and withhold notice of parents' rights "to be informed if their public school student child expresses gender incongruence."

The parent-plaintiffs had characterized California as "seeking an end-run around the Supreme Court" when it went back to the 9th Circuit. The state claimed Benitez's order violated the "reasoning" of the SCOTUS order upholding it.

"The district court retains jurisdiction to modify its injunction during the pendency of the appeal," the 9th Circuit said.

"California has now lost at the district court, lost at the Supreme Court, and been turned away by the Ninth Circuit," the plaintiffs' lawyers at the Thomas More Society said Wednesday.

"The state has repeatedly tried to paint parents who don’t immediately accept their children’s assertion of a new name and gender as 'abusive,'" Executive Vice President Peter Breen said. The order "confirms that California cannot use the Ninth Circuit as a backdoor to rewrite that holding."

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