Parental Rights vs. Student Privacy: Navigating the Post-Mirabelli Landscape

The intersection of parental rights and student privacy has become one of the most contested areas in California education law. Mirabelli v. Olson produced a landmark December 2025 permanent injunction against California's gender nondisclosure policies, but the litigation is ongoing, with the Ninth Circuit appeal still pending and the Supreme Court having partially reinstated the injunction just this March. Last June's 6-3 decision in Mahmoud v. Taylor further established that schools must allow parental opt-outs from instruction that substantially interferes with children's religious development, compounding the pressure on California districts. Katherine Linggi and Sara Young, Atkinson, Andelson, Loya, Ruud & Romo, examine where the law stands today, analyze the competing constitutional frameworks at play, and offer predictions for how these disputes are likely to evolve as Pride Month draws to a close. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.