A controversial policy enacted by the Chino Valley Unified School District, prompting parental notification when a child decides to be acknowledged by a different gender identify or pronoun contrary to the one listed on their birth certificate, is facing legal opposition from California's top attorney. Rob Bonta, the state's Attorney General, initiated legal action on Monday, opposing the policy introduced in July by the district based 35 miles away from Los Angeles.
Bonta expressed fierce criticism in his Monday statement, referring to the new stipulation as an "forced outing policy" that puts the emotional, mental, and physical health of non-conforming students at risk, particularly when they lack a supportive environment both at home and in school. He added that it's also necessary to inform parents if their child requests to utilize facilities like a different bathroom or partake in “sex-segregated school programs and activities” that do not coincide with their sex in official records.
This lawsuit is the latest development as states nationwide are implementing policies that restrict the rights of the LGBTQ community. Such policies primarily focus on elements of the community’s life including healthcare, bathroom use, participation in sports, and their identity in schools. The American Civil Liberties Union states that of the almost 500 state bills proposed this year that target LGBTQ rights, 228 involve students' rights.
Meanwhile, Chino Valley Unified School District President, Sonja Shaw, maintains the district's opposition to this lawsuit. She shared a statement via Instagram arguing that disclosing such information to parents wouldn't potentially harm students. Shaw justifies the policy, stressing that parents deserve to know about their child's identity changes if they express this openly. However, Bonta is not alone in challenging school systems that mandate teachers to inform parents of changes in their children’s gender identity.
The likes of Matthew Platkin, the Democratic New Jersey Attorney General, has previously filed similar complaints against Middletown, Marlboro, and Manalapan-Englishtown Regional boards of education, all in Monmouth County.
The lawsuit alleges that the district's policy infringes upon the state Constitution’s guarantees of a right to privacy and to receive a public education without discrimination. It also asserts that transgender and gender non-conforming students face differential treatment without any compelling interest on the part of the District. The suit further states: “These students are currently under threat of being outed to their parents against their will, and many 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 guardian.”
Earlier this month, Bonta launched a civil rights probe into the legality of Chino Valley Unified School District’s policy and sent a letter in July to Superintendent Norman Enfield and the board of education, emphasizing the potential violations of students' civil and privacy rights and educational opportunities.
