How does the Supreme Court action in Mirabelli Impact the Rights of Trans Students in Illinois?

On March 2, the Supreme Court issued a preliminary ruling in Mirabelli v. Bonta about a California law (SAFETY Act) which bars schools in that state from mandating that school staff disclose gender identity information about a student to their parents without the student’s consent. The law also requires school staff to respect a student’s self-identified name and pronouns. The Court’s order narrowly addresses the rights of California parents who object to school policies which affirm a student’s gender identity without parental notification or consent. Illinois law does not have a direct equivalent to California’s SAFETY Act.

This order does not change Illinois law or its protections for Illinois students. The Illinois Human Rights Act (IHRA) continues to protect trans and nonbinary students at non-religious schools, and these schools must continue to support all young people’s right to be themselves.

While the IHRA does not directly address policies at issue in Mirabelli, the law does protect students at all non-religious schools from harassment, discrimination, or retaliation based on their gender identity and sex.

Case Background:

• Mirabelli v. Bonta is a federal lawsuit filed in April 2023 challenging a California school district’s policy written to comply with state law.
• In December 2025, the district court issued a permanent injunction blocking the portion of the school’s policy that forbade forced outing. The district court’s injunction was stayed by the Ninth Circuit while it considered the appeal; however, the plaintiffs sought emergency relief from the U.S. Supreme Court.
• In March 2026, the U.S. Supreme Court issued an order on its shadow docket temporarily reinstating the permanent injunction as to the parents. This means that for now, parents who object to the school’s policy against forced outing must be told if their child expresses to someone at the school a desire to change their gender identity.
• The appeal continues before the Ninth Circuit.

What Can Parents and Advocates Do?

• Check what policies your local public schools have in place to protect trans and non-binary students.
• Contact the ACLU of Illinois. We want to know where you are seeing attempts to discriminate against trans, non-binary, gender non-conforming, and queer students. And we may be able to help you and others you recruit to fight back.
• Attend a public meeting – including your local school board meeting – to show your support for LGBTQ+ kids, whether by preparing your own remarks, standing in solidarity with those who do, making signs, or otherwise showing your support in a peaceful and respectful way.
• Use and share our resources and let us know if you would like to host a know your rights training in your community.

What Should Schools Do?

• Schools can craft policies that protect trans and nonbinary students. The Illinois Department of Human Rights issued non-regulatory guidance to help schools in develop policies that follow the law and are respectful transgender and non-binary students.
• Schools can work with students to discuss the level of privacy that they want around their gender identity, in alignment with the Illinois School Student Records Act (ISSRA) and the federal Family Educational Rights and Privacy Act (FERPA). This can include asking whether the student has told parents/family about their gender identity, and if not, how to help keep that information secure. For further ideas on best practices, schools can consult ISBE Non-Regulatory Guidance on Supporting Transgender, Nonbinary, and Gender Nonconforming Students.
• Schools can create lists of local resources for LGBTQ youth that they can contact without the assistance of school staff.
• Schools should continue to monitor developments in this area of the law, and consult with legal counsel if they have any questions as to their obligations or rights in working to affirm transgender students.