California school district sued over policy to out trans students

California’s Justice Department is suing the state’s Chino Valley school district over its policy to out transgender and gender non-conforming students.

In July, Chino Valley Unified school board made headlines when it approved a ‘parental notification’ policy to alert parents and guardians of any student who requests to be treated as a gender other than what is listed on their birth certificate. 

This also includes students who make requests regarding their name, pronouns, or preferred bathrooms.

A lawsuit filed by California’s Attorney General Rob Bonta is calling on the San Bernardino County Superior Court to immediately ban this policy, which could put transgender, non-binary, and gender non-conforming students in ‘danger of imminent, irreparable harm’ by potentially ‘outing’ them at home before they’re ready.

The suit reads: “They are in real 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.”

It continues: “The Board’s policy thus unlawfully discriminates against transgender and nonbinary students, subjecting them to disparate treatment and harassment including mental, emotional, and even physical abuse.”

Rob Bonta’s office also claims that the Chino Valley school board’s policy violates the state’s Equal Protection Clause, its Education and Government Code, and the California Constitution’s promise of a right to privacy.

According to a press release from Bonta’s office, a debate on the policy found that members of the school board believed that being transgender, non-binary, or gender non-conforming was a ‘perversion’, a ‘mental illness’, or a threat to the integrity of the nation.

Speaking at a news conference on Monday (28 August), Bonta said: “I refuse to stand by and allow Chino Valley or any district board of education to put our children at risk or infringe upon their rights, especially not one of our most vulnerable at-risk groups.

“Across the country and in our own backyard, the LGBTQ+ community is under attack, and transgender and gender-nonconforming students are on the front lines.”

Chino Valley Unified spokesperson Andi Johnston confirmed to the LA Times that they had offered ‘complete transparency’ to California’s Department of Justice as part of the investigation.

This lawsuit is the latest in a string of controversial policies across California’s school boards. Similar policies have been implemented in the state’s Murrieta Valley Unified and Orange Unified school districts – though the results of this lawsuit will no doubt have some knock-on impact.