Judge Reinstates Teachers on Leave Who Defied Gender Policy

A federal judge in California ordered a school district to reinstate two teachers put on leave after they filed a lawsuit against its gender identity policy for students.

U.S. District Court Judge Roger Benitez, a George W. Bush appointee, on Wednesday ordered the Escondido Unified School District (EUSD) to reinstate Rincon Middle School teachers Lori Ann West and Elizabeth Mirabelli on Tuesday, the first day of classes next week after the federal holiday Monday honoring Martin Luther King Jr.

West and Mirabelli were put on administrative leave last year after they filed a lawsuit in April against the school district and the California Department of Education over the policy, which requires teachers to refer to students by their preferred names and pronouns at school while using biological pronouns and legal names when speaking with the students' parents.

In September, Benitez placed a preliminary injunction against the policy and also ruled West and Mirabelli must be allowed to return to work. The district did not abide by his ruling and the teachers, represented by the conservative Thomas More Society, have yet to return to the classroom.

"When the case was first filed, there was retaliation and harassment directed at teachers Elizabeth Mirabelli and Lori Ann West," said Paul Jonna, Thomas More Society special counsel and partner at LiMandri and Jonna LLP. "They had learned about this policy that was being enforced that would require them to hide material information about their students from parents, and to lie to the parents. These teachers just wanted to continue their jobs without having to comply with an illegal and unconstitutional policy."

Newsmax reached out to Mark Olson, president of the EUSD Board of Education, for comment.

• Attorneys Seek to Compel Calif. District to Reinstate Teachers
• Judge Blocks Calif. School's Gender Policy