California’s AB 1955 “Dead on Arrival” - Attorneys Point to Federal Judge’s Concurrence

(July 16, 2024 – San Diego, California) Thomas More Society attorneys see no future for the California bill violating the rights of parents and teachers. Assembly Bill 1955, signed into law by California Gov. Gavin Newsom on July 15, 2024, prohibits school districts from requiring staff to notify parents if a child requests to be addressed by a different name or pronouns, or to access a bathroom or school activities for a sex other than what appears on their birth certificate.

 

Paul Jonna, Thomas More Society Special Counsel and Partner at LiMandri & Jonna LLP, stated:

 “AB 1955 is dead on arrival. Don’t take my word for it – read Judge Benitez’s September 2023 preliminary injunction order in our federal lawsuit, Mirabelli v. Olson. Parents have federal constitutional rights to know about their own children’s gender transitions. Schools can’t force teachers to withhold that information from parents; and school districts absolutely have the right to pass parental notification policies. Our proposed second amended class action complaint in Mirabelli v. Olson directly challenges AB 1955 – which state officials claim does not create new law but is only ‘declaratory’ of existing state law. California legislators justify this blatantly unconstitutional law by citing ‘state privacy rights’ -- but they apparently do not understand, or refuse to recognize, that those rights are superseded by federal constitutional rights. We should know any day whether the court will allow us to proceed with our proposed Second Amended Class Action Complaint. We are asking for class-wide injunctive relief and summary judgment, which will necessarily include enjoining AB 1955, as soon as the Court rules on our pending motion to amend. That was argued July 10, 2024, and taken under submission.”

About Thomas More Society

Thomas More Society is a national not-for-profit law firm dedicated to restoring respect in law for life, family, and freedom. Headquartered in Chicago and with offices across the country, Thomas More Society fosters support for these causes by providing high quality pro bono legal services from local trial courts all the way up to the United States Supreme Court. For more information, visit thomasmoresociety.org.