In California, a heated debate is centering around the partisan politics of a presidential election cycle, with potential implications for the election’s outcome.
California Gov. Gavin Newsom recently signed a new law that prohibits school districts from mandating staff to notify parents if their child begins to express a change in gender identity at school.
“There are instances where revealing a child’s gender identity without their consent can be harmful and even dangerous,” said Tony Hoang, the executive director of Equality California, a group that advocated for the law.
The push for this law came after some school districts in the state implemented policies requiring mandatory reporting. Hoang referred to these policies as “forced outing.”
“These forced outing policies eliminate the opportunity for youth to have important conversations with their families when they are ready, eroding trust and confidence,” he explained.
The Liberty Justice Center is taking legal action against state leaders, including Newsom, in opposition to the law, asserting that it violates parents’ rights under the 14th Amendment to direct their children’s care.
“It also infringes on their First Amendment rights to freely practice their religion,” stated Emily Rae, senior counsel for Liberty Justice Center, noting that some parents believe in immutable genders created by God.
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Scott Davison, a parent in California and legislative affairs director for a group opposing the law, emphasized the importance of parents being aware if their child is experiencing a mental health issue, which he categorizes a change in gender identity as. However, major medical associations have refuted this viewpoint.
Davison referenced a reassessment in Europe of the Dutch Protocol, a guide for providing gender-affirming care, which has faced scrutiny and led to a reevaluation of its approach to prescribing puberty blockers.
Although the California law does not pertain to puberty blockers, it addresses the issue of whether school staff should inform parents if their child is using different pronouns or a preferred name at school.
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Despite criticism of the Dutch Protocol, numerous studies support the conclusion reached by major medical authorities like the American Medical Association and the American Psychological Association that being transgender is not a mental disorder and gender-affirmation can reduce mental health issues.
The policy debate coincides with efforts by the GOP to attract LGBTQ+ voters, particularly in light of recent events like a fundraiser held by former first lady Melania Trump for Log Cabin Republicans.
A GLAAD poll conducted in January showed Joe Biden with a significant lead over Donald Trump among LGBTQ+ voters. The dispute over California’s policy could impact the GOP’s attempts to sway some of these voters.
“Californians believe that schools should be a place for students to thrive without becoming a battleground in the larger culture wars,” Hoang remarked.