Trans students are still protected in California — for now

from Carolyn JonesCalMatters

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California has taken steps in the past few years to protect transgender youth on the playing field, in the classroom and in the doctor’s office. But a handful of federal lawsuits and new policies could threaten those protections.

A case currently before the US Supreme Court could affect the right of transgender students to play on sports teams that match their gender identity. Another case — likely headed to the Supreme Court — could be overturned California law prohibits school districts from requiring staff to “out” transgender students to their parents. And in December, the federal government said it would smash on health care for transgender minors.

“We are witnessing a widespread, concerted, strategic attack on trans people who exist in public spaces, and in particular, trans young people,” said Dale Melchert, senior attorney at the Transgender Law Center, a nonprofit law firm based in Oakland. “The religious right is targeting trans people, and we know these cases and policies will have a critical impact on trans young people, who are already such a vulnerable minority.”

The legal moves and policy changes follow President Donald Trump’s promise to roll back rights for transgender people, a topic he raised frequently during his campaign and touched on in his introductory speech. It was among his first executive orders.

Youth sports and transgender athletes

The youth sports case is based on two lawsuits filed by transgender women in Idaho and West Virginia, states that bar athletes from playing on teams that do not match their birth gender. California is one of about 23 states that allow transgender girls and women to play on school-sponsored women’s and girls’ teams.

The court heard arguments earlier in January and is likely to announce a decision in June. Lawyers expect the court to protect states’ rights ban transgender women from playing on women’s teams, but that could leave the door open for states to set their own policies.

In that case, “California will be fine,” said Shannon Minter, legal director of the National Center for LGBTQ Rights.

But that doesn’t mean the case won’t affect California in the future. That could bolster future legal efforts and federal proposals to limit states’ ability to protect transgender athletes, Minter said. A year ago, Trump said he would stop funding from any school that allows transgender women to play on girls’ and women’s teams; a Supreme Court ruling on the matter could make it easier for the federal government to carry out the threat.

The parental notification policy is questionable

In a case directly affecting California, two teachers from Escondido, near San Diego, are suing the state for recently passed law prohibiting schools from requiring staff to notify parents if a child identifies as transgender. The teachers said the law “violates their faith and ethics,” according to the Thomas More Society, the nonprofit law firm that filed the lawsuit in U.S. District Court for Southern California on behalf of the teachers.

A federal district court judge agreed and ruled in favor of the teachers in late December. The state immediately sought and received a stay of the ruling, allowing the law to remain in place while it prepares an appeal, but the plaintiffs asked the U.S. Supreme Court to reject the stay and enforce the ruling immediately. The Supreme Court has not yet ruled.

“Right now, California’s parental fraud scheme is keeping families in the dark and causing irreparable harm. That’s why we’re asking the US Supreme Court to step in,” said Paul Jonah, attorney for the Thomas More Society. “The state is unconstitutionally intervening between parents and children, forcing schools to lie to families and punishing teachers who tell the truth.”

Attorney General Rob Bonta hopes the court will uphold California’s law.

“We are committed to providing a school environment that allows transgender students to participate safely as their authentic selves while recognizing the important role parents play in students’ lives,” said Jordan Blue, a spokesman for the attorney general’s office. “We look forward to continuing to present our case in court.”

The California law stems from a policy adopted by half a dozen school districts in the past few years that would require teachers and other staff to inform parents if a child uses different pronouns, names or other markers that identify as transgender. Districts said parents have a right to know if their children are undergoing such a significant change.

State Superintendent of Public Instruction Tony Thurmond, along with many lawmakers and advocates, said the policy puts transgender students at risk because students may not be “out” at home and their parents may not support them. Transgender students are much more likely than their peers to become homeless, often as a result of family rejection, according to the nonprofit advocacy group The Trevor Project. Advocates also said the policy places an undue burden on teachers, who must act as “gender police.”

The issue has elevated at least one school board member to national prominence. Sonja Shaw, president of the Chino Valley Unified school board, is running for state superintendent, largely on the issue of parents’ right to know if their child is transgender. Shaw is a Republican.

Access to healthcare

Meanwhile, in December, the US Department of Health and Human Services said it would ban hospitals from performing procedures to determine the sex of children. California Health Officials pushed backtelling hospitals they must follow state laws and continue to offer gender-based care to minors regardless of what the federal government says.

“We will continue to support transgender youth, their families and health care providers, and we will continue to fight against the federal administration’s cruel and inhumane policies.” they wrote on the state Health and Human Services website.

As for mental health, the state said in July it would train its 988 suicide prevention hotline counselors to handle issues specific to LGBTQ youth. The move came after the Trump administration cut funding for such services.

“It’s heartbreaking”

Just over 3% of young people identify as transgenderaccording to the Williams Institute at the UCLA School of Law. They are more likely to drop out of school, suffer from mental health problems such as anxiety and depression, and commit suicide, according to The Trevor Project. High-profile lawsuits and heated rhetoric only make matters worse, said Jorge Reyes Salinas, a spokesman for Equality California, which advocates for LGBTQ rights.

While California remains relatively safe for transgender youth, at least for now, Salinas expects right-wing states and the federal government to continue to step up anti-LGBTQ efforts. A suggested ballot initiative in Nevada, for example, would require any school receiving state funds to identify sports as men’s, women’s or co-ed.

“The trans community is being used as a scapegoat. The right continues to use trans people as a tool to incite fear and hatred, putting young people at risk in the process,” Salinas said. “It’s heartbreaking. Students feel trapped, like everyone is against you.”

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.