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California has taken steps the past few years to protect transgender young people on the playing field, in the classroom and in the doctor’s office. But a handful of federal court cases and new policies could threaten those protections.
A case currently before the U.S. Supreme Court could affect transgender students’ right to play on sports teams that align with their gender identity. Another case — possibly headed for the Supreme Court — could overturn California’s law banning school districts from requiring staff to “out” transgender students to their parents. And in December, the federal government said it would crack down on health care for transgender minors.
“We are witnessing a widespread, concerted, strategic attack on trans people existing in public spaces and in particular, trans young people,” said Dale Melchert, senior staff attorney for the Transgender Law Center, a nonprofit law firm based in Oakland. “The religious right is targeting trans people, and we know that these cases and policies are going to have a critical impact on trans young people, who are already such a vulnerable minority.”
The legal moves and policy shifts follow President Donald Trump’s vow to eliminate rights for transgender people, a topic he brought up frequently during his campaign and addressed in his inaugural speech. It was among his first executive orders.
Youth sports and transgender athletes
The case related to youth sports is based on a pair of lawsuits filed by transgender women in Idaho and West Virginia, states that prohibit athletes from playing on teams that don’t align with their gender at birth. 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 ruling in June. Legal experts expect the court to uphold states’ rights to prohibit transgender women from playing on women’s teams, but it may leave the door open for states to set their own policies.
In that case, “California would be fine,” said Shannon Minter, legal director of the National Center for LGBTQ Rights.
But that doesn’t mean the case wouldn’t affect California in the future. It could strengthen future legal efforts and federal proposals to restrict states’ abilities to protect transgender athletes, Minter said. A year ago, Trump said he would withhold funding from any school that allows transgender females to play on girls’ and women’s teams; a Supreme Court ruling on the issue could make it easier for the federal government to follow through on the threat.
Parental notification policy in doubt
In a case directly affecting California, a pair of teachers from Escondido, near San Diego, sued the state over its recently enacted 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 suit in U.S. District Court in 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 asked for and received a pause on 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 pause and implement the ruling immediately. The Supreme Court hasn’t yet issued a decision.
“Right now, California’s parental deception scheme is keeping families in the dark and causing irreparable harm. That’s why we’re asking the U.S. Supreme Court to intervene,” Paul Jonna, an attorney for Thomas More Society, said. “The state is inserting itself unconstitutionally between parents and children, forcing schools to deceive families, and punishing teachers who tell the truth.”
Attorney General Rob Bonta is hopeful the court will uphold California's law.
"We are committed to securing school environments that allow transgender students to safely participate as their authentic selves while recognizing the important role that parents play in students’ lives," said Jordan Blue, spokesman for the Attorney General's office. "We look forward to continuing to make our case in court."
California’s law stems from a policy adopted by a half-dozen school districts over the past few years that would have required teachers and other staff to inform parents if a child uses different pronouns, names or other signs that they identify as transgender. The districts said that parents have a right to know if their children are undergoing such a significant change.
State Superintendent of Public Instruction Tony Thurmond, as well as many lawmakers and advocates, said the policy endangers transgender students because students might not be “out” at home, and their parents might not be supportive. Transgender students are far 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 propelled at least one school board member to statewide 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 health care
Meanwhile, in December the U.S. Department of Health and Human Services said it would bar hospitals from performing gender procedures on children. California health officials pushed back, telling hospitals that they must comply with state laws and continue offering gender care to minors, regardless of what the federal government says.
“We will continue to stand with transgender youth, their families and health care providers, and we will continue to fight the federal administration’s cruel and inhumane policies,” they wrote on the state’s Health and Human Services website.
On the mental health front, the state in July said it would train its counselors on the 988 suicide-prevention hotline to address 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 transgender, according to the Williams Institute at the UCLA School of Law. They’re more likely to drop out of school, suffer from mental health challenges like anxiety and depression, and commit suicide, according to The Trevor Project. High-profile court cases and heated rhetoric only make matters worse, said Jorge Reyes Salinas, spokesperson for Equality California, which advocates for LGBTQ rights.
While California remains relatively safe for transgender youth, at least for now, Salinas expects right-leaning states and the federal government to continue to ramp up their anti-LGBTQ efforts. A proposed ballot initiative in Nevada, for example, would require any school that receives state funds to identify sports as male, female or co-ed.
“The trans community is being used as a scapegoat. The right is continuing to use trans people as a tool for igniting fear and hate, 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 was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
