A school district in Southern California that is already in a court battle with the state over its gender identity policy sued Democratic Gov. Gavin Newsom on Tuesday over a new law that says districts can’t require parents to be told when a child changes their gender identity.
Some parents and the Chino Valley Unified School District said the rule goes against the rights of parents that are protected by the U.S. Constitution.
Emily Rae, a lawyer for the district, said in a statement, “School officials do not have the right to keep secrets from parents. Parents do have a constitutional right to know what their minor children are doing at school.”
However, Izzy Gardon, a spokesperson for Newsom, said that the lawsuit was “deeply unserious” and that the new law “preserves the child-parent relationship.”
“Under California law, minors can’t legally change their name or gender without their parents’ permission,” Gardon wrote in an email. “Following federal law, parents still have full and guaranteed access to their child’s educational records.” “We are sure that the state will quickly win this case.”
Attorney General Rob Bonta sued Chino Valley Unified over a rule that staff must tell parents if a child changes their pronouns or gender identity. The rule was accepted by the school board last year. Bonta said the law was unfair to kids who don’t identify with a gender. The policy was put on hold while the case was being heard by a judge. Later, the district changed the rule so that parents must be told if their child wants to make any changes to their student records.
Supporters of LGBTQ rights praised the new California law, but those who are against it said it makes it harder for schools to be open with parents.
Monday, Newsom signed the first law in the country that says school districts can’t require staff to tell anyone else about a student’s gender identity or sexual orientation without the child’s permission. There are some exceptions to this rule. Also, the state Department of Education has to come up with tools for families of LGBTQ students from 7th grade through high school. In January, the law will become law.
People who support the ban say it will help protect transgender and non-binary kids who live in homes that don’t accept them.
“This important legislation strengthens protections for LGBTQ+ youth against forced outing policies, gives parents and families of LGBTQ+ students resources to help them have conversations on their own terms, and creates important safeguards to protect teachers and school staff who make sure all students are safe and supported at school,” said Tony Hoang, executive director of the LGBTQ advocacy group Equality California.
But the California Family Council and other conservative groups said the bill violates parents’ rights.
In a statement, the president of the council, Jonathan Keller, said, “This bill undermines their basic role and puts boys and girls at risk.” “The Bible and the Constitution both say that parents should guide and protect their children, and AB 1955 breaks this sacred trust.”
Billionaire Elon Musk said that he would move the offices of SpaceX and the social media site X from California to Texas. One reason for this move is the new law. The main office of Musk’s company, Tesla, moved from Palo Alto, California, to Austin, Texas, in 2021.
Several school districts in California have already passed rules that say parents must be told if their child wants to change their gender identity. This new law comes after those rules. Democrats in the state said no to that because they say kids have the right to privacy. Lawmakers, families, and advocates from all over the country have been arguing about the rights of LGBTQ+ kids, parents, and school districts.
From what the Associated Press reports, schools in Alabama, Arkansas, Indiana, North Carolina, South Carolina, and Tennessee are required to tell parents when a minor says they are transgender or asks to be called by a different name. Virginia asked its school boards to follow the same rules, but the state doesn’t have a law on the subject.
Arizona and Idaho also require schools to give parents certain information, but they don’t say anything about sexual preference or gender expression.
Earlier this year, Attorney General Matt Platkin of New Jersey sued four school districts, saying their policies broke a law against discrimination. That law says that a student’s family can only be told about their gender expression if the student gives permission or if there is a risk to the student’s health and safety.
The Pacific Justice Institute, the Goldwater Institute, and the Family Policy Alliance are some of the conservative groups that have tried to get involved in the case.
Suits have also been brought by states over how local school districts have treated transgender children. Twenty-three Republican state attorneys general backed a mother from Chico, California, last year when she said that school officials let her child socially shift without her permission. One brief was sent from sixteen Democratic attorneys general in favor of the other side.
