Judge upholds Chico school district’s protection of students’ gender identity from parents
This week, a federal judge dismissed a case challenging the Chico Unified Schools District’s policy to protect the gender identity of students from parents. U.S. district court judge John Mendez ruled that the district’s authority to protect the information overrode the parental rights.
Mendez also complied with the directives of California school officials that protects transgender students’ privacy rights.
The judge wrote that Chico staff did not force students to adopt another identity or tell them to keep their secret from parents. School officials simply allowed students to decide with whom they shared their identities. Only health-related reasons were an exception.
Mendez’s decision, which is based in Sacramento comes at a time when states are widely diverging in their support for transgender children.
A lawsuit was filed in January by Aurora Regino on behalf of her child, who was in primary school last year. Harmeet dhillon, the Center for American Liberty’s leader, represents her. Dhillon was a little bit behind in the race to become the Republican National Committee’s leader earlier this year.
Regino’s child was 11 years old when he began to identify as a gender other than that assigned at birth. He told his school counselor about this. According to the lawsuit, the counselor encouraged the student adopt a different identity and use different pronouns, as well as inform the child’s teacher about the change.
Regino claimed that the district also should have informed her. Later, the child was identified by gender.
The lawsuit claimed that “Parents and not schools” have the responsibility to make life-changing decisions for their minor children. Mendez was not convinced by this argument or any other made on behalf of Regino.
Mendez stated that the issue before this Court was not whether or not it is a good thing for school districts, to inform parents of their minor child’s gender identity before using alternative pronouns and names. The question is whether such parental authority is mandated by the United States Constitution. This Court finds that it doesn’t.
The judge found that the district had a valid reason to protect the wishes of the students.
They could be subjected to domestic abuse, bullying, and other forms of harassment.
Mendez said that the California Legislature is best equipped to address Regino’s concerns. Assemblyman Bill Essayli of Corona, R, introduced a proposal earlier this year that would allow parents to find out if their children are identifying as a different gender at school. The bill hasn’t been heard.
Mark Trammell said that the Center for American Liberty’s executive director should have made a statement saying that another body should decide on this issue.
He said that the Supreme Court should be the one to define the extent of constitutional rights for parents.
Trammell said that it is expected that the decision will be appealed.
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