A federal court has ordered California to pay $4.52 million in attorneys’ fees after the state lost a landmark case over school policies that allowed students to socially transition genders without notifying their parents.
The U.S. District Court for the Southern District of California issued the fee award Monday in favor of Thomas More Society, the conservative public-interest law firm that represented the plaintiffs in Mirabelli v. Bonta.
“A $4.5 million fee award sends an unmistakable message to state governments and school districts across the country: if you trample the constitutional rights of parents, you will pay for it, literally,” said Peter Breen, the firm’s head of litigation.
The underlying case was brought by teachers Elizabeth Mirabelli and Lori Ann West, who sued the Escondido Unified School District over a policy requiring staff to withhold information from parents about their child’s gender identity or social transition. The policy directed teachers not to “out” students to their parents, even when minors were using different names and presenting as a different gender at school.
The Supreme Court blocked the policy. The state lost at summary judgment. It lost again at the high court.
District Judge Roger T. Benitez found that California engaged in what he described as “litigation intransigence” throughout the proceedings, including repeated motions to dismiss, filing appeals before rulings were issued, and withdrawing arguments multiple times. Benitez said plaintiffs’ attorneys had to spend far more time than usual on the case, “likely required to overcome the defendants’ litigation strategy of resisting at all junctures.”
Because of that conduct, the fee multiplier was elevated, a rare enhancement that drove the final number above $4.5 million.
Breen said the state exhausted every option. “California threw everything it had at this case. It lost at summary judgment, lost at the Supreme Court, and now Californians will foot the bill for their government officials’ refusal to respect the fundamental rights of families.”
California taxpayers will cover the payout. The California Post reached out to Attorney General Rob Bonta’s office for comment. The state has not publicly responded to the ruling.
The state is still contesting other aspects of the case. Judge Benitez noted California recently filed a motion to modify the injunction currently blocking enforcement of the secrecy policy.
