California Judge Blocks ‘Forced Outing’ of Transgender and Non-Binary Students

A California court has temporarily blocked a controversial Chino Valley Unified School District policy that would have forced schools to notify parents if their child expressed a change in gender identity or pronouns.

The ruling came after Attorney General Rob Bonta filed a lawsuit against the district, claiming the policy would put transgender and nonbinary students at risk by violating their privacy and subjecting them to potential harm. The case, which has ignited fierce debate about parental rights versus student privacy, will continue to unfold, with further hearings scheduled in the coming months.

The Forced Outing Policy

The Chino Valley Unified School District, located about 35 miles east of Los Angeles, adopted the “forced outing” policy in July 2023. Under this rule, school officials would be required to inform parents if a student sought to be recognized by a gender different from their official records or wanted to use a bathroom or locker room corresponding to their gender identity.

The policy, passed by a 4-1 vote, was framed by the district as a measure to enhance parental involvement in their children’s education. But critics, including state officials and LGBTQ+ advocates, view it as a dangerous policy that undermines student privacy and puts vulnerable youth at risk.

Superintendent of Public Instruction Tony Thurmond attended the heated board meeting where the policy was approved. After expressing his opposition, Thurmond was escorted out by security on the orders of the board president, Sonja Shaw. Shaw, a vocal proponent of the policy, framed it as a parental rights issue, stating, “We’re going to safeguard parental rights…we’re going to make sure that our parents at Chino Valley know they’re sending their kids here to be taught, not to be anything else.”

This rhetoric didn’t sit well with state officials. Attorney General Rob Bonta swiftly condemned the policy, filing a lawsuit in August, calling it a “forced outing policy” that not only infringes on privacy rights but also endangers students.

“This policy is nothing short of discriminatory,” Bonta said. “It forces schools to out transgender students to their parents without regard for the student’s safety, well-being, or right to privacy. We will not stand for policies that put our most vulnerable kids at risk.”

The Court Steps In

On September 6, 2023, San Bernardino County Superior Court Judge Thomas Garza ruled in favor of issuing a temporary restraining order that halts the policy’s enforcement while Bonta’s lawsuit proceeds. During the hearing, Garza raised concerns about the policy’s necessity and questioned how it protected students.

“The concern is how do we safeguard these students that identify as LGBTQ, and in my view, it’s a situation that is singling out a class of protected individuals differently than the rest of the students,” Garza stated.

The court’s decision was immediately praised by LGBTQ+ advocates, with many viewing it as a critical step in protecting transgender students from forced disclosures that could harm their mental health and well-being.

“Today’s decision by the San Bernardino Superior Court rightfully upholds the state rights of our LGBTQ+ students and protects kids from harm by immediately halting the board’s forced outing policy,” said Bonta in a statement following the ruling.

The Reaction

The school district and its supporters remain defiant, framing the court’s ruling as an infringement on parental rights. Sonja Shaw, the Chino Valley Unified Board of Education president, expressed her disappointment but maintained that the policy was necessary to ensure parents are fully informed about their children’s lives.

“I don’t understand why they are so gung-ho on this issue, but everything else we have to inform the parents about,” Shaw said. “There is obviously an issue, and parents are concerned.”

Shaw and other supporters argue that parents have a fundamental right to be involved in every aspect of their children’s education and well-being, including matters related to gender identity. They contend that keeping parents in the dark about such issues can lead to greater problems at home and that schools should partner with parents, not keep information from them.

However, LGBTQ+ advocates counter that forced outing policies can have devastating consequences, particularly for students who do not feel safe or supported in their home environments. Studies have shown that transgender youth are at a significantly higher risk of mental health challenges, including depression and suicide, especially if they lack supportive networks.

Broader Implications

The Chino Valley case is part of a larger movement in some conservative-leaning school districts across California. Several other districts have already passed or are considering similar parental notification policies, setting the stage for a broader legal battle over the rights of transgender students and the role of parents in their children’s gender identity.

California Attorney General Bonta has made it clear that his office will continue to challenge such policies, stating, “We will not tolerate discriminatory policies that target and endanger LGBTQ+ students. Our schools should be safe havens where all students can thrive, not battlegrounds where their rights are up for debate.”

With the legal case ongoing and additional hearings set for later this year, the outcome of this battle could set a precedent for how school districts across the state — and perhaps the country — handle issues of gender identity and parental rights. For now, the forced outing policy remains blocked, but the fight is far from over. As Bonta warned, “This is just the beginning.”​

This article was first published on Pulse of Pride.

Feature photo credit: Shutterstock/dlove. The images used are for illustrative purposes only and may not represent the actual people or places mentioned in the article.

For transparency, this content was partly developed with AI assistance and carefully curated by an experienced editor to be informative and ensure accuracy.

+ posts