LGBTQ+ activists say the ruling can negatively impact students’ safety.
A federal judge in San Diego ruled that parents have a constitutional right to be informed if their child changes their gender presentation at school, and schools can’t withhold that information from parents.
In a 52-page ruling issued on Dec 22, Judge Roger Benitez determined that parents have a constitutional right to know if their child might be transgender, and California public schools cannot prevent employees from informing parents. Additionally, the ruling bans public school employees from misleading parents about their child’s gender presentation at school, such as by using pronouns or names different from those used at home. The ruling also prohibits employees from calling students by names or pronouns that don’t match their legal ones unless they have the parents’ permission.
In the ruling, Benitez cited the Supreme Court’s decision earlier this year in Mahmoud v. Taylor, where the court sided with Maryland parents who argued that the Montgomery County School District’s refusal to allow opt-outs from the LGBTQ+-inclusive K-5 curriculum infringed on their First Amendment religious rights.
The LGBTQ+ legal advocacy group Equality California said that the decision is “dangerous” because it targets protections that keep LGBTQ+ students safe in schools.
“This ruling comes at a time when transgender and gender-nonconforming youth across the country are facing a coordinated effort to undermine their safety and well-being, Equality California Executive Director Tony Hoang said in a statement.
The state has already appealed the case, arguing that the injunction could cause significant harm to students.
“The Court’s sweeping injunction, which forecloses enforcement of state constitutional and statutory protections applicable in the school environment, inflicts severe and indisputable irreparable harm on California,” the appeal notes.
Source: Black Enterprise
