Ninth Circuit Revives Chico Mother’s Lawsuit in Major Win for Parental Rights
By Katie Elizabeth Gorman
CHICO, CA — In a significant victory for the parental rights movement, the U.S. Ninth Circuit Court of Appeals has revived a lawsuit filed by Butte County mother Aurora Regino against Chico Unified School District for secretly socially transitioning her daughter without parental notification.
Regino filed suit after discovering her daughter’s school had affirmed a new gender identity while deliberately withholding that information from her. A lower court had dismissed the case, but the Ninth Circuit issued a scathing rebuke, criticizing U.S. District Judge John Mendez for requiring Regino to show a clearly established legal precedent affirming a mother’s right to direct her child’s upbringing.
The appellate opinion, authored by Judge Morgan Christen and joined by both Democrat and Republican-appointed judges, stated that Regino’s fundamental parental rights are “deeply rooted in this Nation’s history and tradition, and implicit in the concept of ordered liberty.” The court concluded that such rights need not be explicitly recognized in prior rulings to be protected.
The lawsuit centers around Chico Unified’s adoption of Board Policy 5145.3 and its associated Administrative Regulation (AR), which directs school staff to affirm a student’s gender identity while withholding that information from parents unless the student gives permission. The AR also warns educators that disclosing a student’s gender identity to parents without consent could lead to disciplinary action—including termination.
Critics have dubbed it the “Secrecy Policy,” arguing that it forces educators to hide vital information from families while compelling speech that may violate teachers’ personal or religious beliefs.
This policy came into the public when bold leadership emerged statewide. Sonja Shaw, President of the Chino Valley Unified School Board, worked with Assemblyman Bill Essayli and attorney Erin Friday to craft and pass the state’s first parental notification policy. Their efforts inspired other districts—like Anderson Union High School, where Jackie LaBarbera helped lead the charge—to follow suit despite legal threats from the state.
Support for Regino has come from a wide range of legal voices. Five pages of friend-of-the-court briefs were included in the Ninth Circuit ruling, with filings from both liberal and conservative groups. One brief, filed jointly by the Liberty Justice Center and the Wisconsin Institute for Law and Liberty, included transgender psychologist Dr. Erica Anderson, a vocal supporter of parental notification who was recently forced to resign from a national transgender health association after speaking publicly about the issue.
Regino is represented pro bono by the Center for American Liberty, founded by Harmeet Dhillon, who was recently sworn in by U.S. Attorney General Pamela Bondi to lead the DOJ’s Civil Rights Division.
As schools across California adopt or challenge versions of 5145.3, and as AB 1955—the so-called “Secrecy Law”—prohibits parental notification statewide, Regino’s revived lawsuit is now a beacon of hope for parents across the nation
Ninth Circuit Revives Chico Mother’s Lawsuit in Major Win for Parental Rights
CHICO, CA — In a significant victory for the parental rights movement, the U.S. Ninth Circuit Court of Appeals has revived a lawsuit filed by Butte County mother Aurora Regino against Chico Unified School District for secretly socially transitioning her daughter without parental notification.
Regino filed suit after discovering her daughter’s school had affirmed a new gender identity while deliberately withholding that information from her. A lower court had dismissed the case, but the Ninth Circuit issued a scathing rebuke, criticizing U.S. District Judge John Mendez for requiring Regino to show a clearly established legal precedent affirming a mother’s right to direct her child’s upbringing.
The appellate opinion, authored by Judge Morgan Christen and joined by both Democrat and Republican-appointed judges, stated that Regino’s fundamental parental rights are “deeply rooted in this Nation’s history and tradition, and implicit in the concept of ordered liberty.” The court concluded that such rights need not be explicitly recognized in prior rulings to be protected.
The lawsuit centers around Chico Unified’s adoption of Board Policy 5145.3 and its associated Administrative Regulation (AR), which directs school staff to affirm a student’s gender identity while withholding that information from parents unless the student gives permission. The AR also warns educators that disclosing a student’s gender identity to parents without consent could lead to disciplinary action—including termination.
Critics have dubbed it the “Secrecy Policy,” arguing that it forces educators to hide vital information from families while compelling speech that may violate teachers’ personal or religious beliefs.
This policy came into the public when bold leadership emerged statewide. Sonja Shaw, President of the Chino Valley Unified School Board, worked with Assemblyman Bill Essayli and attorney Erin Friday to craft and pass the state’s first parental notification policy. Their efforts inspired other districts—like Anderson Union High School, where Jackie LaBarbera helped lead the charge—to follow suit despite legal threats from the state.
Support for Regino has come from a wide range of legal voices. Five pages of friend-of-the-court briefs were included in the Ninth Circuit ruling, with filings from both liberal and conservative groups. One brief, filed jointly by the Liberty Justice Center and the Wisconsin Institute for Law and Liberty, included transgender psychologist Dr. Erica Anderson, a vocal supporter of parental notification who was recently forced to resign from a national transgender health association after speaking publicly about the issue.
Regino is represented pro bono by the Center for American Liberty, founded by Harmeet Dhillon, who was recently sworn in by U.S. Attorney General Pamela Bondi to lead the DOJ’s Civil Rights Division.
As schools across California adopt or challenge versions of 5145.3, and as AB 1955—the so-called “Secrecy Law”—prohibits parental notification statewide, Regino’s revived lawsuit is now a beacon of hope for parents across the nation.
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Another welcome swell in the tide of regaining our country and state! And what's up with the Ninth Circuit Court of Appeals? I remember the day when their decisions were consistently far left and hostile to families. Praise God for the change, and may such changes continue rolling in.
excellent.