California district ordered to reinstate Christian teachers placed on leave amid gender policy lawsuit
Teachers Lori Ann West and Elizabeth Mirabelli disagreed with policy allegedly requiring teachers to 'lie to parents' about their child's gender identity
{{#rendered}} {{/rendered}}A federal judge ordered a California middle school to allow two school teachers suing district administrators and the California Board of Education over gender identity policies back into the classroom, months after the duo were placed on paid administrative leave last May.
"I’m shocked! I’m still processing. I cannot believe it," Lori Ann West, one of the teachers behind the lawsuit, told San Diego's FOX 5 last Wednesday.
Elizabeth Mirabelli, the other teacher involved in the case, will also be allowed to return to the classroom.
{{#rendered}} {{/rendered}}Lori Ann West (left), Thomas More society attorney Paul M. Jonna (center), Elizabeth Mirabelli (right). A judge ordered a California school district to allow two teachers back in the classroom last week. (Thomas More Society )
The issue began at Escondido's Rincon Middle School last year when the duo alleged the district violated their First Amendment rights with a policy requiring them to accept a child's preferred gender identity while also referring to the child in terms of biological identity and pronouns when in the presence of parents.
A transcript of a presentation to district staff from last February, previously obtained by Fox News Digital, found that teachers were told to "accept the student's assertion of their gender identity and begin to treat the student immediately, consistently with that gender identity."
{{#rendered}} {{/rendered}}"The student’s assertion is enough," the transcript of the presentation said. "There is no need for a formal declaration. There’s no requirement for parent or caretaker agreement or even for knowledge for us to begin treating that student consistent with their gender identity."
CHRISTIAN TEACHERS STILL LOCKED OUT OF THE CLASSROOM AFTER REFUSING TO ‘LIE TO PARENTS’: LAWSUIT
Gender identity policies remain a hot button issue in school districts across the U.S. (Mike Kemp/In Pictures via Getty Images)
The presentation additionally warned that refusing to affirm the child's gender preference would constitute discrimination and harassment, per district policies.
{{#rendered}} {{/rendered}}Paul Jonna, special counsel representing the teachers, told Fox News Digital last year that West and Mirabelli were able to obtain a religious accommodation on the grounds of pronoun use and gender-specific names, but did not receive accomodation allowing them to notify parents of the child's decision.
According to FOX 5's report, the judge struck down the district's privacy policy for allegedly violating the Constitution, meaning the teachers should have been allowed to return to work soon after, but that never happened.
"When the case was first filed, there was some retaliation and harassment directed at our clients," Jonna said, according to the outlet.
{{#rendered}} {{/rendered}}LAWYER FOR CALIFORNIA TEACHERS: SCHOOLS REQUIRING THEM TO LIE TO PARENTS ABOUT KIDS' GENDER IDENTITY
The Escondido Union School District urged teachers/staff to use students' preferred pronouns and names. (Fox News)
"The investigation was supposed to be concluded in 30 days. It ended up taking over five months after the injunction issued. They told us the investigation was cleared, and then conveniently, the very next day or couple days later, they said, a new complaint had been made against Lori, and she’s going to be placed on leave again."
Jonna later filed a motion to hold the district in contempt, which the judge denied, but instead ordered the district to allow West and Mirabelli back into the classroom.
{{#rendered}} {{/rendered}}The Escondido Union School District did not immediately respond to Fox News Digital's request for comment, but pointed to warnings issued by California Attorney General Rob Bonta for schools that fail to abide by state policies regarding transgender students.
"[We] have some folks who do not care what the law requires," he said. "We are here to protect the constitutional rights, statutory rights, civil rights of our children," Bonta said, according to a CBS affiliate in Los Angeles.
"We know what the data tells us — that 15% of transgender, gender non-conforming young people are kicked out of their home," he continued. "Another 10% are harmed physically by members of their direct family."
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Fox News' Jon Brown and Hannah Grossman contributed to this report.