Judge rules schools cannot forcibly out trans kids to their parents

A California judge has ruled that Chino Valley Unified School District cannot continue enforcing its forced outing policy for transgender youth. This means that it has to comply with state law, which protects trans youth from forced outing policies.

“The Court has already determined [the school district’s policies] are discriminatory on their face and subject to strict scrutiny,” San Bernardino Superior Court Judge Michael Sachs wrote in his 50-page ruling. “The District could have adopted a policy which focused on the existing problems (bullying, mental health, psychological distress, any drastic behavior changes, etc.) instead of focusing on the protected group.”

Related:

The forced outing of queer students is now illegal in California’s public schools

“LGBTQ+ students across California can breathe a sigh of relief” now that the first-of-its-kind law was passed, one LGBTQ+ org said.

“The District could have also similarly adopted a gender-neutral policy that requires disclosure for participation in any type of extracurricular activity or athletic program while addressing concerns related to the participation (e.g.. the size of the child) instead of focusing on the individual’s gender or gender expression,” Sachs added.

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Sachs argued that the specific policies enacted by Chino Valley Unified that out trans youth are inherently discriminatory. His argument drew from prior case law to determine how to best enforce California’s recently enacted law forbidding such outings. Additionally, he enshrined protections for adults who are attending the school district in their protections from forced outing.

Earlier this year, California banned the forced outing of trans kids via its Assembly Bill 1955, also known as the SAFETY Act. The bill says school faculty aren’t required to out trans kids to their parents, allowing schools and classrooms to remain a safe haven for trans youth.

Sachs discussed this provision in detail. He wrote that he cannot mandate that school districts don’t tell parents of their child’s gender identity since, he argues, minors don’t have an inherent right to privacy. Instead, he advocates for policies that seek to protect trans youth by encouraging communication between faculty and parents on how to best support the youth.

“There is no forced secrecy in this case; parents are still free to have conversations with their child about gender identity; and parents have the right to observe a classroom, talk to a teacher, and review educational records,” says Sachs.

Nevertheless, he upheld the SAFETY Act’s implementation by arguing against the proposed restrictions to be placed on it by Chino Valley Unified. The school district sought a permanent injunction on the bill. The judge supported his ruling by pointing out how numerous individuals associated with Chino Valley Unified have referred to trans people as “mentally ill” and “erasing women and girls.”

The plaintiffs in the case are the state of California and its Attorney General Rob Bonta, while the defendants are Chino Valley Unified School District. Chino Valley Unified is represented by the conservative organization Liberty Justice Center.

“We are disappointed in the Court’s decision on … Chino Valley’s old parental notification policy and intend to appeal the ruling,” said Emily Rae, Senior Counsel at the Liberty Justice Center, in a statement. “But we are pleased that the Court rightly ruled that the District’s policy does not infringe on minor students’ privacy rights and that schools may inform parents of changes to their children’s records. We look forward to the next steps in this lawsuit and will continue to fight for California families at no cost to taxpayers.”

Appeals for this case will go through to the California Court of Appeals.

Attorney General Bonta called the court’s permanent injunction on the school district’s outing policy “a win for all students,” saying in a statement, “Chino Valley Unified has an obligation to protect the safety and well-being of the students it is charged to serve, especially our most vulnerable student communities who need a supportive and welcoming environment to succeed… I urge all school districts to take note and ensure every student, including LBGTQ+ students, can enjoy their right to learn and thrive in a school environment that promotes safety, privacy, and inclusivity.”

Equality California Executive Director Tony Hoang said in a statement, “The San Bernardino Superior Court’s decision to issue permanent injunctive and declaratory relief against the Chino Valley Unified School District Board of Education’s forced outing policy is a tremendous victory for LGBTQ+ youth, their families, and the entire Chino Valley community. This ruling acknowledges that every student deserves to feel safe, respected, and supported in their schools — without fear of being outed against their will.”

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