Gov. Gavin Newsom has just signed a groundbreaking bill that makes California the first U.S. state to ban schools from outing transgender students to their parents.
Legislation Overview
Gov. Gavin Newsom signed Assembly Bill 1955, the SAFETY Act, which prohibits California schools from outing transgender students to their parents without students’ consent.
The Dignity of LGBTQ+ Youth
Assemblymember Chris Ward, the bill’s author, said, “Politically motivated attacks on the rights, safety, and dignity of transgender, nonbinary, and other LGBTQ+ youth are on the rise nationwide, including in California.”
Privacy and Safety Protections
The SAFETY Act ensures that any information regarding a student’s sexual orientation, gender identity, or gender expression remains confidential unless the student consents to disclosure.
Safeguarding Policies
“This essential legislation safeguards against policies that forcibly out students, offers vital resources for families, and protects educators who foster inclusive environments,” said Kathie Moehlig, Executive Director of Trans Family Support Services.
Teacher Protections
The bill also creates protections for teachers from retaliation if they support the rights of their transgender students to create a safer and more supportive environment within schools.
Preventing Retaliation
According to Gov. Newsom’s office, “The legislation prevents retaliation against teachers who support their students’ rights.”
Response to Local Policies
Assemblymember Chris Ward introduced the bill in response to some California school districts enacting policies that would require teachers to inform parents if their child identifies as transgender.
Private Discussions Remaining Private
“While some school districts have adopted policies to forcibly out students, the SAFETY Act ensures that discussions about gender identity remain a private matter within the family,” Ward emphasized.
Impact on LGBTQ+ Youth
Reports from the Human Rights Campaign and The Trevor Project highlight the vulnerability of LGBTQ+ youth as significant percentages experience negative experiences with their family and begin to consider suicide.
The 2023 Survey
“The Trevor Project’s 2023 national survey on the mental health of LGBTQ youth found that 41% of LGBTQ youth seriously considered attempting suicide in the past year,” underscoring the critical need for protective measures like the SAFETY Act.
Opposition and Controversy
Critics of the bill argue that it undermines parental rights and keeps parents uninformed about important aspects of their children’s lives, leading to legal challenges from school districts and parents.
Upholding Democracy
Harmeet Dhillon, CEO of the Center for American Liberty, stated, “It’s crucial that we uphold local voices and the integrity of the democratic process in shaping the education of our children.”
Legal and Political Challenges
The Chino Valley Unified School District has already filed a lawsuit against the new law with the support of several parents, arguing that it infringes on parental rights protected under the U.S. Constitution.
Keeping Secrets From Parents
Attorney Emily Rae, representing the district, said, “School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school.”
Support from State Officials
California Attorney General Rob Bonta has been vocal in his support for the law, arguing that policies mandating parental notification can cause “imminent, irreparable harm” to LGBTQ+ youth.
Temporarily Halting the Policy
“The policy was temporarily halted by a judge pending the case’s resolution, after which the district revised it to mandate parental notification for broadly any student record changes requested by a child,” Bonta noted.
Implementation and Resources
The SAFETY Act also requires the California Department of Education to provide resources to parents and students on managing conversations about gender and identity privately.
Guaranteeing Parents Access
Newsom’s spokeswoman, Izzy Gardon, clarified, “California law ensures minors can’t legally change their name or gender without parental consent, and parents continue to have guaranteed and full access to their student’s educational records consistent with federal law.”
Nationwide Context
Eight states, including Indiana and Tennessee, have already implemented school gender notification policies, which continue to fuel contentious debates about student privacy and parental rights.
Broader Implications
Proponents of the SAFETY Act believe it is a crucial step in creating a supportive and safe school environment for not just all LGBTQ+ youth but all students.
Ensuring Private Discussions
“By preventing undue interventions in personal family matters, the SAFETY Act ensures private and consensual discussions between students and their parents,” Moehlig highlighted.
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Featured Image Credit: Shutterstock / Sundry Photography.
