LGBTQ+ students in California will have legal protections from being outed at school starting next year, but not everyone is on board, and a recent lawsuit could spell the end of the bill before it even begins.
Governor Gavin Newsom signed the Agreement to Support Future Scholars and Educators for Today’s Youth, or SECURITY Lawbecame law last month and goes into effect on January 1. The first law in the country does not require school workers to inform parents about changes in their child’s gender identification. It also provides additional resources for middle and high school students who identify as LGBTQ+. The law is a reaction to multiple California school boards creating policies requiring schools to notify parents if their child requests to use a name or pronoun not assigned at birth, or to participate in activities or use facilities designed for the opposite sex.
LGBTQ+ advocate Eli Dinh said this law is crucial to protecting students. Dinh said queer and trans youth deserve the freedom to decide on their own terms when and who they want to come out with. He said being outed before they are ready is traumatic.
“Not every child comes from a welcoming, LGBTQ+-friendly home. Being outed can lead to abuse and homelessness,” Dinh told San José Spotlight. “There’s a huge correlation between coming out at a young age and experiencing family rejection, so schools that enforce that are literally putting students at risk.”
Youth in danger
According to the National Youth Network, up to 40% of the 4.2 million homeless youth in the U.S. identify as LGBTQ+. Of 100 major cities, San Jose has the highest number of homeless young adults per capita with nearly 85 homeless residents ages 18-24 per 100,000 residents.
A legal battle is brewing to fight the SECURITY Act. The Liberty Justice Centerrepresenting the Chino Valley Unified School District and parents with children in public schools, filed a lawsuit on July 16 challenging the law, alleging it violates the First and 14th Amendments as well as the Family Educational Rights and Privacy Act.
“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” Emily Rae, senior staff attorney at the Liberty Justice Center, said on the group’s website. “Parents are the legal guardians of their children, not Governor Newsom, Attorney General Bonta or Superintendent Thurmond.”
Informed Parents of Silicon Valley Founder Larry Pegram agrees. He calls the legislation “a sham” and wants it declared unconstitutional.
“Parents have a right to know what’s going on with their children,” she told San José Spotlight. “This legislation strips parents of those rights. I don’t think there’s any parent who would like the government to come in and say they don’t have a right to know what’s going on with their child.”
The law ensures that educators and other school employees are not forced to reveal a student’s LGBTQ+ identity without a parental records request and the student’s consent. The law does not limit a student’s ability to discuss their gender identity with their family or undermine parental rights, a spokesperson for the governor’s office told San José Spotlight. Legally, minors cannot change their name or gender or have it changed on an official school record without parental consent.
Cameron Bartosiewicz, founder of the Youth Pride Association, a national group that works to address the struggles LGBTQ+ youth face in schools, said forcing teachers to come out to their students violates the trust and safety children have in schools and prevents them from reaching out for help. Bartosiewicz said LGBTQ+ students isolated from their peers and teachers are at greater risk of child abuse, bullying, harassment, homelessness and self-harm.
East Side Union High School District Superintendent Glenn Vander Zee said the district is committed to building equitable communities.
“We hope that students know that we welcome them as they are — any gender identity, any sexual orientation,” she told San José Spotlight, adding that the district has resources and spaces for students to engage in conversations about difficult topics with their parents or anyone else.Manny Barbara, interim superintendent of the Alum Rock Union School District, said the district believes in inclusion for all students. The district passed a resolution in June to celebrate LGBTQ+ Pride Month, stating that the district stands for inclusion and affirmation and a school climate where LGBTQ+ students can live authentic lives and be treated with dignity and respect. The resolution said all students deserve to feel safe and welcome in their schools, known by their preferred name, gender identity and represented in the curriculum.
“We have children who come from all different backgrounds – different religions, different races, and different orientations,” Barbara told San José Spotlight. “As educators, we have a responsibility to educate all students, no matter how they come to us. Creating a safe environment for students is paramount no matter their background. I am aware that there is controversy over the law, but we will comply with it regardless.”
Contact Lorraine Gabbert at [email protected].
