Warning: This article contains discussion of LGBTQ+ issues which some readers may find distressing.
A controversial new federal ruling means that teachers in California may be able to out LGBTQ+ students to their parents, without their permission.
Deciding when to open up to your family about your gender identity is a personal thing that's different for all members of the community, however, this new law strips that away and means people could be 'outed' before they're ready.
On 22 December, US District Judge Roger Benitez ruled that federal law would allow school employees to notify parents of 'gender incongruence'.
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The court order also bans school districts from 'misleading' parents related to 'their child’s gender presentation at school'.
Benitez wrote: "When it comes to a student’s change in gender identity, California state policymakers apparently do not trust parents to do the right thing for their child.
"So, the state purposefully interferes with a parent’s access to meaningful information about their child’s gender identity choices."
School employees will essentially be prohibited from 'directly lying to the parent, preventing the parent from accessing educational records of the child, or using a different set of preferred pronouns/names when speaking with the parents than is being used at school'.
He explained that the decision to inform parents of their child’s gender identity would rest with the teacher.
This all began in April 2023 when two middle school teachers from the Escondido Union School District sued the district, the California State Board, and a number of educational officials over a policy protecting LGBTQIA+ students.
The previous guidance, which has since been withdrawn, meant teachers were instructed to recognise a student’s gender identity and use their desired pronouns.
It also stopped them from disclosing students’ gender identities to their parents or guardians without their consent.
In the suit, the two teachers alleged that the policy violated their free speech and religious beliefs and after a lengthy legal battle, the judge ruled in favour of the plaintiffs.
However, the state appealed the decision on the same day of the ruling, and an appeal court issued an application for stay, which is a formal request to pause legal proceedings to postpone the order from taking effect.
So, as of right now, the decision is currently on hold as a federal appeals court considers the case.
In the appeal documents, state attorney general of California, Rob Bonta, said if the ruling hadn't been halted it would 'create chaos and confusion among students, parents, teachers, and staff at California’s public schools'.
He also said it would go against 'longstanding state laws that protect vulnerable transgender and gender nonconforming students'.
As reported by The Independent, on-the-ground enforcement is being paused as a longer-term stay is being considered.
Since the ruling, LGBTQ+ allies and advocates have slammed the decision.
Christine Parker, senior staff attorney with the Gender, Sexuality, and Reproductive Justice Project at the ACLU Foundation of Southern California, said: "This decision denies the realities the California Legislature recognised when it adopted the SAFETY Act last year, and the Student Success and Opportunity Act back in 2013, to help ensure all students feel safe and respected at school, even if they are not ready or able to be out at home or are navigating a less-than-supportive family dynamic."
She added: "A culture of outing harms everyone — students, families, and school staff alike — by removing opportunities to build trust. LGBTQ+ students deserve to decide on their own terms if, when, and how to come out, and to be able to be themselves at school."
If you’ve been affected by any of these issues and want to speak to someone in confidence, contact the LGBT Foundation on 0345 3 30 30 30, 10am–6pm Monday to Friday, or email [email protected].
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Madison Burgess