Silicon Valley LGBTQ+ student safety at risk with state lawsuit

LGBTQ+ students in California will have legal protection against being outed at school starting next year, but not everyone’s on board — and a recent lawsuit could spell the bill’s end before it even begins.

Gov. Gavin Newsom signed the Support Academic Futures and Educators for Today’s Youth, or SAFETY Act, into law last month and it will take effect Jan. 1. The first in the nation law doesn’t force school workers to inform parents of changes in their child’s gender identification. It also provides additional resources for junior and high school students who identify as LGBTQ+. The law is a reaction to multiple California school boards that created policies requiring schools to notify parents if their child asked to use a name or pronoun not assigned at birth, or participate in activities or use facilities designed for the opposite gender.

LGBTQ+ advocate Eli Dinh said this law is crucial to protecting students. Dinh said queer and trans youth deserve the freedom to decide on their own terms when and who they want to be out to. They said being outed before they’re ready is traumatic. 

“Not every child comes from a welcoming and affirming LGBTQ+ friendly household. Being outed can lead to abuse and homelessness,” Dinh told San José Spotlight. “There’s a huge correlation between coming out as a youth and experiencing family rejection, so schools forcing that literally puts students in danger.”

Youth in jeopardy

Up to 40% of the 4.2 million youth experiencing homelessness in the U.S. identify as LGBTQ+, according to the National Network for Youth. Out of 100 major cities, San Jose has the highest number of homeless young adults per capita with nearly 85 homeless residents between 18 and 24 years old for every 100,000 residents.

A legal battle is brewing to fight the SAFETY Act. The Liberty Justice Center, representing the Chino Valley Unified School District and parents with children in public school, filed a lawsuit on July 16 challenging the law, claiming it violates the First and 14th Amendments, as well as the Family Educational Rights and Privacy Act.

“School officials do not have the right to keep secrets from parents, but parents do have a constitutional right to know what their minor children are doing at school,” Emily Rae, senior counsel at the Liberty Justice Center, said on the group’s website. “Parents are the legal guardians of their children, not Governor Newsom, Attorney General Bonta, or Superintendent Thurmond.”

Informed Parents of Silicon Valley founder Larry Pegram agrees. He considers the legislation “a travesty” and wants to see it declared unconstitutional.

“Parents have the right to have the knowledge of what’s going on with their child,” he told San José Spotlight. “This legislation strips a parent of those rights. I don’t think there’s any parent that likes the government coming in and saying that they don’t have the right to know what’s going on with their child.”

The law ensures educators and other school employees are not forced to out a student’s LGBTQ+ identity without a parental request for records and the student’s consent. The law doesn’t limit a student’s ability to discuss their gender identity with their family or undermine parents’ rights, a spokesperson from the governor’s office told San José Spotlight. Legally, minors cannot change their name or gender or have it changed on an official school record without parental consent.

Cameron Bartosiewicz, founder of the Youth Pride Association, a national group that works to address the hardships LGBTQ+ youth face in schools, said forcing teachers to out their students violates the trust and safety children have in schools and prevents them asking for help. Bartosiewicz said LGBTQ+ students isolated from their peers and teachers are at increased risk for child abuse, bullying, harassment, homelessness and self-harm.

East Side Union High School District Superintendent Glenn Vander Zee said the district is committed to building equitable communities.

“It is our hope that students know that we welcome them as they are: any gender identity, any sexual orientation,” he told San José Spotlight, adding the district has resources and spaces for students to engage in conversations on difficult topics with their parents or anyone else.Manny Barbara, interim superintendent of Alum Rock Union School District, said the district believes in inclusion for all students. The district passed a resolution in June celebrating LGBTQ+ Pride Month stating the district stands for inclusion and affirmation and a school climate in which LGBTQ+ students can live authentic lives and be treated with dignity and respect. The resolution said all students deserve to feel safe and welcome in their schools, be known by their preferred name, gender identity and be represented in the curricula.

“We have children who come from different backgrounds: different religions, different races and different orientations,” Barbara told San José Spotlight. “As educators, we have a responsibility to educate all students, no matter how they come to us. Creating a safe environment for the students is paramount no matter their background. I am aware there is controversy over the law, but we will follow the law regardless.”

Contact Lorraine Gabbert at [email protected].