A federal court ordered California to pay $4.52 million in attorneys’ fees Monday following a landmark Supreme Court defeat over school policies that allowed students to change their gender identity without parental notification. The ruling sends a clear financial message to state governments about trampling on constitutional parental rights.
Supreme Court Blocks Gender Secrecy Policy
The case, Mirabelli v. Bonta, challenged California’s controversial policy permitting public schools to withhold information from parents about their child’s gender identity or social transition. Teachers Elizabeth Mirabelli and Lori Ann West sued the Escondido school district, successfully arguing the policy violated fundamental parental rights protected under the Constitution. The Supreme Court sided with the teachers, blocking California’s gender secrecy mandate statewide.
U.S. District Judge Roger T. Benitez awarded the substantial fee to Thomas More Society, the conservative public-interest law firm that represented the plaintiffs. Peter Breen, the firm’s head of litigation, called the award an unmistakable warning. The state engaged in what the judge termed litigation intransigence throughout the proceedings, filing repeated dismissal motions, premature appeals, and withdrawing arguments multiple times.
California’s Aggressive Legal Strategy Backfires
The district court applied a rare fee enhancement, significantly multiplying the standard award because California’s obstinate legal tactics forced attorneys to spend extraordinary time overcoming the state’s resistance at every turn. California threw everything it had at this case, Breen noted, losing at summary judgment and again at the Supreme Court. Now California taxpayers will foot the multimillion-dollar bill for their government’s refusal to respect family rights.
Battle Continues Despite Defeat
Despite the crushing legal and financial losses, California continues fighting the case. Judge Benitez noted the state recently filed another motion seeking to modify the injunction blocking the gender secrecy policy. Attorney General Rob Bonta’s office has not commented on the fee award or whether the state plans to appeal. The case establishes precedent nationwide that parental rights remain constitutionally protected, even as school districts face pressure to adopt progressive gender identity policies without family involvement.
Sources
New York Post: California ordered to pay $4.5M in attorneys’ fees after losing gender secrecy case
