Huntington Beach Sues State Over New Law Requiring Schools to Hide a Child’s Gender Transition from Parents

A new law signed by Governor Gavin Newsom in July that prohibits schools  from notifying parents if their child is “gender confused” or “transitioning” to the opposite sex, was legally challenged with a lawsuit by the City of Huntington Beach on Wednesday.

America First Legal filed the lawsuit on behalf of a group of California parents and the City of Huntington Beach, California, against California Governor Gavin Newsom, Attorney General Robert Bonta, and the State Superintendent of Public Instruction Tony Thurmond.

Assembly Bill 1955, by Assemblyman Chris Ward (D-San Diego), labeled the Support Academic Futures and Educators for Today’s Youth Act (SAFETY Act), also prohibits employees or contractors of schools from being required to make such a disclosure unless otherwise required by law.

Throughout the year, opponents charged that the bill would keep information away from parents and erase transparency with parents. However, proponents said that it would hurt students who wanted to be identified differently and, without the law, would let school districts “out” students to their parents. The bill proved to be very controversial, barely passing in the Senate and Assembly in June, with the latter vote coming within a few votes of failing. Nonetheless the bill was passed, and Gov. Newsom signed the bill into law in July.

Since then, hints of legal challenges have been constant. But none were as persistent as the Orange County city of Huntington Beach. Last month, the Huntington Beach City Council drafted a law giving parents the right to know about changes in their child’s gender identity. Earlier this month, the city passed the new law, essentially laying down a challenge against the state. City officials hinted heavily at an upcoming lawsuit, even saying that parental rights over their children’s education are protected under the 14th Amendment.

“It was unconstitutional in the first place,” said City Attorney Michael Gates on Monday. “It sends a signal to our community in Huntington Beach of 200,000 residents that we are a ‘Parents’ Right to Know’ city, and that educators should not interfere in the parent-child relationship.”

A lawsuit in Huntington Beach

Huntington Beach Mayor Gracey Van Der Mark added, “California dislikes dissension. Every time we’ve done something they don’t like, they sue us. And I’m hoping that parents come together and say, ‘We’re ready to push back.’ And if that’s the case, we’re ready to take that on. The State’s AB 1955 law compelling secrecy not only puts children at risk, it is also an unconstitutional invasion of the parent/child relationship by the State. To that end, the City of Huntington Beach is challenging the State on federal claims in federal court with the filing of this lawsuit.”

“The law does not set an age limit—schools cannot notify parents even if preschoolers are being socially transitioned,” said American First Legal in a press release on Wednesday. “It also prevents schools from disciplining employees who are initiating or facilitating social transitioning, which courts have recognized is a type of medical intervention or treatment that medical professionals have recognized can inflict serious short-term and long-term harm.

“This law violates the 14th Amendment, which guarantees the rights of parents to make decisions about their minor children regarding all medical treatment—in this case, social transitioning. Fit parents are presumed to act in the best interest of their child. The government cannot intervene in their relationship simply because it does not like the parents’ decision. Whether a child socially transitions or announces their sexuality is a personal and private issue, not an educational issue or one to be decided by the government. The State of California is thus intruding in a very personal, private matter—communication on one of the most intimate of topics between a parent and child—in violation of the U.S. Constitution.”

As of Wednesday afternoon, no one from the state of California has yet commented on the suit. However, many on the legal side of things were not surprised.

“Everyone had predicted this,” explained Law researcher Kyle Gold. “There were plenty of ways around the law, but a suit is by far the most direct. Breaking the 14th amendment is a big deal, and to have the suit go after that means that we are set for some big court battles coming up. They argued that the law helps keep kids safe, but it also takes away a lot from parents, like here, their right to know what is happening with their child. The state really has their work cut out for them on this suit.”

More on the Huntington Beach lawsuit, including the state response, is expected soon.