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Saturday, November 16, 2024

Court rules against Chino Valley's forced outing policy protecting transgender students' rights

State AG
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Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta issued a statement following the San Bernardino Superior Court’s ruling in People of the State of California v. Chino Valley Unified School District. The court granted injunctive and declaratory relief against the Chino Valley Unified School District Board of Education’s mandatory gender identity disclosure policy. This ruling permanently halts enforcement of provisions that required schools to inform parents whenever a student requests to use a name or pronoun, or access facilities or programs, not aligned with their birth certificate sex, even if such disclosure could harm the student.

“The decision from the Court to grant a permanent injunction and declaratory relief against Chino Valley Unified’s initial forced outing policy is a win for all students in Chino Valley and across the State,” said Attorney General Bonta. “Chino Valley Unified has an obligation to protect the safety and well-being of the students it is charged to serve, especially our most vulnerable student communities who need a supportive and welcoming environment to succeed."

In August 2023, Attorney General Bonta announced a lawsuit challenging Policy 5020.1, asserting it violated state protections safeguarding students’ civil rights. Following this, the San Bernardino Superior Court issued a preliminary injunction against the Board’s policy in October 2023, citing violations of California’s equal protection clause.

Despite rescinding the policy on March 7, 2024, following the preliminary injunction order, district officials continued to defend Policy 5020.1 as “common sense and constitutional.” Statements made by board members prior to enacting the policy described transgender or gender nonconforming students negatively.

The final ruling prevents reenactment or implementation of Policy 5020.1 and denies dismissal on grounds of mootness due to its broad public interest implications. It recognizes that "there is nothing wrong or pathological with being transgender or gender non-conforming" and declares that the policy violated several legal protections by discriminating against these students.

Attorney General Bonta emphasized his commitment to protecting students' legal rights and well-being: “Let this decision send a clear message to other school districts that have passed or are contemplating similar policies: discriminatory policies will not be tolerated in our educational institutions.”

Research indicates that supportive environments significantly improve mental health outcomes for transgender students compared to unsupportive ones.

A copy of the ruling is available here.

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