Ninth Circuit Enjoins Portions of AB 1955 SAFETY Act in favor of Parents following U.S. Supreme Court Mirabelli Decision

06.29.2026

On June 18, 2026, the Ninth Circuit Court of Appeals issued a preliminary injunction of provisions of California’s Assembly Bill (“AB”) 1955, the SAFETY Act.[1] In City of Huntington Beach et al. v. Gavin Newsom, et al., the Ninth Circuit, on a motion for reconsideration due to a change in legal circumstances, granted the motion for preliminary injunction based on the intervening decision in Mirabelli v. Bonta (2026) 607 U.S. 492.[2] Mirabelli recognized the constitutional right of parents/guardians to participate in decisions about their children’s mental health and education. Based on Mirabelli, the Ninth Circuit here found that parents likely have standing to sue when they are the “objects” of policies restricting information exchanges about their children’s gender identity or gender expression at school.

In its decision, the Ninth Circuit emphasized longstanding precedent that parents have a constitutional right to direct the upbringing and education of their children. This right includes the right not to be excluded from decisions affecting children’s mental health, such as gender dysphoria. Relying on Mirabelli, the Ninth Circuit emphasized that parents are not merely indirect participants in school policy decisions but are the intended “objects” of laws like AB 1955. Thus, under Mirabelli, an objecting parent who is the target of AB 1955’s effort to prohibit constitutionally required mandatory policies has standing to seek injunctive relief to remove that unlawful impediment to compliance with the Constitution.

This decision represents a further extension of Mirabelli, reaffirming that parents are effectively the targets of AB 1955’s prohibition on adopting policies mandating reports to parents about a pupil’s gender identity or gender expression. The Ninth Circuit stated, “In light of Mirabelli, AB 1955 thus forbids the mandatory policies that the Constitution requires with respect to information about a child exhibiting symptoms of gender dysphoria, and the objecting parents who affirmatively desire any such information from schools have sufficient Article III standing because they are the ‘objects’ of AB 1955’s provisions.”

School districts, county offices of education, and charter schools should continue to monitor legal developments in this area as the legal landscape continues to evolve.

For further information on the content of this Alert, please contact your AALRR attorney or the authors of this Alert.

[1] AB 1955 was signed into law by Governor Gavin Newsom on July 15, 2024, and added four new sections to the Education Code, also known as the “Support Academic Futures and Educators for Today’s Youth Act” or “SAFETY Act.” The City of Huntington Beach decision enjoined Education Code section 220.3(a) and 220.5(a). Read more about AB 1955 here: New Law Clarifies Student Privacy Rights, Impacts Parental Notification Policies, and Establishes Rights of Educators Involved in These Issues

[2] Read about the Mirabelli decision here: U.S. Supreme Court Emergency Ruling Affirms Parents’ Right to Receive Student Gender Identity Information: Atkinson, Andelson, Loya, Ruud & Romo.