After a Colorado teenager confided in school staff that they were transgender, the school followed protocol to protect their secret. Now, the child’s parents are suing.
Parents Launch Lawsuit Against School District and State
In a lawsuit filed against their child’s school district, the education department, and the State of Colorado, a student’s parents are going after the system they say kept pertinent details about their child from them.
Colorado State Law Protects Student Privacy
In Colorado, state law says that if a student identifies as transgender, staff members must refer to them by their preferred name and pronouns. This law applies whether the transgender student’s family has knowledge of their situation or not.
School District Has Protective Privacy Policy
The school district named in the lawsuit also has a written policy that protects the privacy of transgender students. Under the 27J School District’s rules, staff is not allowed to tell parents any details a child confides in them about being transgender unless the student agrees.
Policy Aims to Keep Trans Children Safe
The district says that there is evidence that some parents have been unsupportive and even violent toward their transgender children, in some cases even forcing them to move out of their homes. Therefore, the district believes that disclosing information related to a student’s transition could potentially be a safety risk.
Parents Claim Violation of Constitutional Rights
In the lawsuit, the unnamed parents allege that their constitutional rights have been violated. In their case, the parents claim that their child was supported by school staff to undergo a social gender transition, changing their name and pronouns, without their parents’ knowledge or consent.
School Counselor Allegedly Supported Trans Student
According to case documents, the student confided in the school counselor at their high school that they were transgender. In following state law and school policy, the counselor then supported the child by using their new pronouns and name.
Mental Healthcare
The parents also claim that the school enrolled their 14-year-old in therapy, where they were treated by a licensed mental health provider. The case alleges that the therapist talked with the student about medical transition options, including hormone replacement therapy and surgical procedures.
Therapy Sessions Hidden From Parents
Those therapy sessions allegedly happened virtually using the school counselor’s computer in an apparent attempt to ensure that the child’s parents would not find out about them.
Attorney Argues Against Basis For Policies
Acknowledging that school officials were following laws and policies set out by the state and district, an attorney for the parents is arguing that those rules are unconstitutional.
“Parents Have the Constitutional Right to Consent”
“What we’re arguing is parents have the constitutional right to consent and be informed of treatment that the government is providing,” the attorney, Eric Sell, told CBS News. “This isn’t something that the schools should be doing on an ad hoc basis at the child’s direction.”
Attorney Suggests Action
On whether informing parents that a student is transgender could pose a safety risk, Sell argued that schools should handle that issue on a case-by-case basis. He said that schools should report parents to the correct entities if they believe there is a safety issue.
“You Shouldn’t Just Keep Parents Out of the Process”
“If it doesn’t rise to the level of going to the child services system, then you shouldn’t just keep parents out of the process totally,” Sell said.
Student in Case No Longer Identifies as Transgender
While in this particular case, the student in question later said they regretted their decision and no longer identified as transgender, that scenario is not very common. Data shows that only about three percent of people who transition to another gender end up regretting their choice.
First and Fourteenth Amendments Cited in Suit
The parents’ attorneys are pointing to the Constitution to prove their rights were violated, including the First and Fourteenth Amendments. Both amendments have verbiage that mentions parents’ and families’ rights to raise their children in the way they see fit.
Parents Explicitly Told School Not to Support Transition
Once they learned of their child’s intention to transition, the parents told the school that they expected the child’s wishes to be ignored. The lawsuit claims that the school ignored the parents’ wishes, aiding in the child’s social transition behind their backs.
National Organization’s Advice
Official guidance from the National Association of Secondary School Principals (NASSP), an organization supporting administrative leadership in high schools, suggests that transgender students should be referred to in whatever manner they wish.
A Sign of Respect
“All school staff should use the student’s preferred name and pronoun, which is a sign of respect to the student and affirms his or her gender identity,” the NASSP advises. The organization also addresses the fact that “school leaders must be mindful of protecting the students’ privacy” and acknowledges that not all parents are supportive of transgender children.
Parents Feel They Were “Kept in the Dark”
The lawsuit is fighting against Colorado policies that result in parents being “kept in the dark,” putting the blame on schools for “socially transitioning children to a different gender identity” without parents’ knowledge or consent.
LGBTQ+ Federal Judge Assigned to Case
As of now, the lawsuit has not gone to court yet but has been assigned to Judge Charlotte N. Sweeney. Sweeney is an open member of the LGBTQ+ community and the first openly LGBTQ+ federal judge to serve the state of Colorado.
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