Equality California and ACLU of Southern California: SAFETY Act Continues To Protect California’s LGBTQ+ Students

LOS ANGELES, CA - Equality California and the ACLU of Southern California issued the following statement in response to recent misleading reporting about the U.S. Court of Appeals for the Ninth Circuit's June 18, 2026, order in City of Huntington Beach v. Newsom:

"California's SAFETY Act (AB 1955) remains in effect statewide. Although some recent reporting has incorrectly suggested that the Ninth Circuit broadly blocked enforcement of the SAFETY Act, that is not what the court ruled. In light of the U.S. Supreme Court's recent emergency docket order in Mirabelli v. Bonta, the Ninth Circuit in City of Huntington Beach v. Newsom issued a limited preliminary injunction that pauses the SAFETY Act only for seven specific parent plaintiffs in that case while the litigation continues.

California law still protects transgender and nonbinary students statewide.

The SAFETY Act prohibits school districts from adopting blanket policies forcing teachers and other school staff to out LGBTQ+ students to their parents, provides resources for parents and families of LGBTQ+ students to support them as they have conversations on their own terms, and includes critical safeguards to prevent retaliation against educators who foster a safe and supportive school environment for all students. Aside from the seven parent plaintiffs, the SAFETY Act's protections for LGBTQ+ youth remain in effect statewide. Further, the Supreme Court in Mirabelli specifically noted that schools can honor some parents' objections while maintaining policies that 'preclud[e] disclosure to parents who would engage in abuse.'

Though limited in scope, the Ninth Circuit's order comes at a time when trans and nonbinary youth and their families are under siege from a coordinated series of political attacks on their health care, sports participation, and very existence. Every student deserves to feel safe, respected, and supported at school. For some transgender and nonbinary young people, being forcibly outed before they are ready can put their safety, well-being, or housing at risk. That is why California enacted the SAFETY Act: to prohibit blanket policies that do not allow schools to consider individual circumstances, thereby prioritizing the best interests of students while continuing to work with families whenever it is safe and appropriate to do so.

This litigation is ongoing, and no final decision has been made. We remain confident that California has both the authority and the responsibility to enact and enforce laws like the SAFETY Act that ensure every young person can learn in an environment where they are safe, supported, and able to thrive.

We will continue defending California's protections for transgender and nonbinary students and pushing back against efforts to undermine their safety and dignity."

For more information about the U.S. Supreme Court's recent emergency docket order in Mirabelli v. Bonta, see here:

https://www.aclusocal.org/know-your-rights/know-your-rights-mirabelli-v-bonta-faq

https://www.schools.eqca.org

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