California’s recent legislation banning “forced outings” of transgender and non-binary students has sparked a legal battle with the Chino Valley Unified School District, which previously required teachers to contact the parents about transgender and non-binary kids.
Legislation Overview
This week Gov. Gavin Newsom signed Assembly Bill 1955, the SAFETY Act, which prohibits California schools from outing transgender students to their parents without the 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.
The Right to Learn
When announcing the lawsuit against Chino Valley Unified School District, California Attorney General Rob Bonta said, “Every student has the right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity – regardless of their gender identity.”
Chino Valley Unified’s Policy
Previously, the Chino Valley Unified School District adopted a policy that required teachers to notify parents if their child identifies as transgender or changes their name or pronouns.
Endangering Children
This policy led to a lawsuit from California’s Attorney General, who argued that this policy endangers the well-being of non-conforming students with troublesome homelives.
Lack of an Accepting Environment
Bonta argued, “The forced outing policy wrongfully endangers the physical, mental, and emotional well-being of non-conforming students who lack an accepting environment in the classroom and at home.”
Support and Opposition
LGBTQ advocates support the ban on forced disclosures, believing that the ban will protect vulnerable students from potential harm caused by not having safe or accepting homes to confide in.
Response From Chino Valley Unified
In defense, Chino Valley School Board President Sonja Shaw stressed the board’s belief that the best way to protect children is by involving parents in significant aspects of their lives.
Parental Rights Disputed
Sonja Shaw said, “Parents have a constitutional right in the upbringing of their children. Period.”
Protecting Children With All We Can
Shaw went on to say, “We will stand our ground and protect our children with all we can because we are not breaking the law.”
Governor Newsom’s Stance
Defending the new law, Governor Newsom’s administration insists the law preserves the child-parent relationship while safeguarding students’ rights to privacy.
Legal Changes
The law ensures parents are informed about legal changes to their child’s gender or name but stops parents from learning about minor changes within the school without the child’s consent.
Guaranteed Full Access
Izzy Gardon, Newsom’s spokesperson, said, “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.”
Elon Musk’s Reaction
In response to the new law, Elon Musk announced that he would move SpaceX headquarters from California to Texas, citing the law as part of a series of legislative actions in California that he believes are harmful to families and businesses.
The Final Straw
Musk declared, “This is the final straw. Because of this law and the many others that preceded it, attacking both families and companies, SpaceX will now move its HQ from Hawthorne, California, to Starbase, Texas.”
Broader Legal and Social Context
This case seems to be part of a broader trend of conservative legal challenges to school policies that protect LGBTQ+ students from harassment and respect their identities.
Free Speech Cases
In the majority of these lawsuits targeting protections for LGBTQ+ students, they focus on free speech and claims of religious freedom.
Increasing Legislative Efforts
Nationwide, there has also been an increase in legislative efforts to limit the rights of LGBTQ+ people, including access to gender-affirming care and participation in sports.
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Featured Image Credit: Shutterstock / Karin Hildebrand Lau.
