The “parental notification” policy, which has been proposed by a handful of conservative-leaning districts in California, puts transgender and gender nonconforming students in “danger of imminent, irreparable harm” by potentially forcibly “outing” them at home before they’re ready, according to the lawsuit.
“They are in real fear that the district’s policy will force them to make a choice: either ‘walk back’ their constitutionally and statutorily protected rights to gender identity and gender expression, or face the risk of emotional, physical and psychological harm from non-affirming or unaccepting parents or guardians,” states the lawsuit, which asks the San Bernardino County Superior Court to immediately ban the practice.
The state’s suit against Chino Valley Unified escalates culture war debates playing out on some school boards in red pockets of deep blue California and puts districts that have proposed similar policies, including Murrieta Valley Unified and Orange Unified, on alert.
“Our message to Chino Valley Unified and all school districts in California is loud and clear: We will never stop fighting for the civil rights of LGBTQ+ students,” Bonta, a Democrat, said in a statement.
The policy illegally discriminates against students based on gender and violates the California Constitution’s promise of equal rights and a right to privacy, according to the lawsuit.
Last month, the Chino Valley Unified school board, which represents more than 26,000 students, voted to approve a policy that alerts parents if a child requests to be “identified or treated” as a gender other than their “biological sex” or gender listed on their birth certificate. The policy includes student requests regarding names, pronouns and bathroom and sports preferences.
Monday’s lawsuit comes amid raucous school board meetings over the policy and other political flash points such as critical race theory. and LGBTQ inclusive textbooks. Last week, more than 100 demonstrators opposing LGBTQ education marched from City Hall to the Los Angeles Unified School District headquarters.
Supporters of the notification policies have echoed national Republican criticisms of decisions regarding transgender youth, and voiced frustrations about alleged government overreach and a lack of “parental rights” inflamed by COVID-19 classroom shutdowns and vaccine requirements.
Also on Monday, parent groups backed by Republican state lawmakers were promoting a ballot initiative proposed for 2024 that would ask voters if they support a statewide policy to notify parents “when a child requests the school to treat them as transgender.” Other proposed initiatives, which have not yet garnered support to qualify for the ballot, include a measure regarding gender and sports in schools and medical care for transgender youth.
Conservative Chino Valley Unified School Board President Sonja Shaw has been a vocal supporter of the policy and accused Bonta, along with fellow Democrats Gov. Gavin Newsom and Superintendent of Public Instruction Tony Thurmond, of “pushing perversion” on children in schools because of LGBTQ-inclusive policies.
“We are declaring in Jesus’ almighty name that these wicked, programmed politicians will be revealed and removed,” Shaw said at a parental rights rally held outside the Capitol in Sacramento last week attended by hundreds. “It’s only a matter of time before we take your seat.”
Critics of gender notification policies, including gay rights groups and leading California Democrats, say they amount to a dangerous Republican political power grab harmful to transgender and gender nonconforming youth. Republicans, lacking power in the Democrat-controlled Legislature and top ranking offices, have turned their focus to school boards across the state to influence policy.
Newsom has also waded into the issue, taking on a Temecula school board that aimed to reject teaching materials because of their mention of slain gay rights leader and San Francisco politician Harvey Milk. The board is the latest to take up the gender notification policy.
With Newsom’s support, legislation is expected to be unveiled soon in direct response to the proliferating gender notification policies, with the California Legislative LGBTQ Caucus calling for more safeguards for students.
More than 49,000 Californian youth between 13 and 17 years old identify as transgender, 1.9% of the total age group, according to a report released last year by the Williams Institute, a think tank at the UCLA School of Law. Nationwide, 300,100 youth identified as transgender, 1.43% of the total age group.
Bonta’s office pointed to disproportionately high bullying, suicide and runaway rates of transgender youth.