U.S.A.: Judge determines that school cannot forcibly out trans kids to their parents

A judge in California has determined that the Chino Valley Unified School District must cease its policy of forcing the outing of transgender students. This ruling requires adherence to state law, which safeguards trans youth from such policies.

In a comprehensive 50-page ruling, San Bernardino Superior Court Judge Michael Sachs stated, “The Court has already determined [the school district’s policies] are discriminatory on their face and subject to strict scrutiny.” He suggested, “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.”

Sachs continued, “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.”

As ‘LGBTQ Nation’ reports, Sachs asserted that Chino Valley Unified’s policies that involve outing trans students are inherently discriminatory. His reasoning was based on previous legal precedents to determine the enforcement of California’s new law prohibiting such outings, and he also included protections for adults in the district against forced outing.

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Earlier this year, California passed Assembly Bill 1955, also known as the SAFETY Act, banning the forced outing of transgender kids. The bill stipulates that school staff are not required to disclose a trans child’s status to their parents, allowing schools to serve as a refuge for transgender youth.

In his ruling, Sachs delved into this provision, noting that he cannot force schools to withhold gender identity information from parents since, in his view, minors lack an inherent right to privacy. Instead, he supports policies that foster communication between school staff and parents to better support trans 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,” Sachs stated.

Nonetheless, he reinforced the SAFETY Act’s implementation by rejecting Chino Valley Unified’s attempt to limit it. The school district sought to permanently enjoin the bill. The judge referred to comments made by school district affiliates who labeled trans individuals as “mentally ill” and accused them of “erasing women and girls” to support his decision.

The lawsuit lists the state of California and Attorney General Rob Bonta as plaintiffs, while Chino Valley Unified School District, represented by the conservative Liberty Justice Center, is the defendant.

Emily Rae, Senior Counsel at the Liberty Justice Center, expressed disappointment with the judge's decision on Chino Valley’s previous parental notification policy and indicated plans to appeal. However, she noted, “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.”

The case is slated for appeal to the California Court of Appeals.

Attorney General Bonta praised the ruling as a triumph for students, stating, “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.”

Tony Hoang, Executive Director of Equality California, remarked, “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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