(Southern California Record)—The Orange County Board of Education and a far northern California school district have joined their names to a lawsuit challenging a new California state law that challengers say can be used by public schools and teachers to block parents from knowing if their children are transitioning gender.
On Aug. 7, the Orange County Board of Education voted to sign onto the legal action seeking to strike down the controversial state law known as AB1955. The five-member OCBE authorizes charter schools in the county and provides oversight for school districts operating in Orange County.
A week earlier, the Anderson Union High School District, in Plumas County in far northern California, had also joined the litigation.
Together, they have joined the Chino Valley Unified School District in San Bernardino County and a group of eight parents of California public school students in the lawsuit that was filed in mid-July by attorneys with the Liberty Justice Center.
The Liberty Justice Center is a Chicago-based non-profit public interest legal advocacy organization, which describes itself as committed to “fight to protect fundamental constitutional rights.”
In this case, the Liberty Justice Center and their clients claim the state of California has trampled the constitutional rights of parents to direct the upbringing of their children, by empowering public school administrators, teachers and counselors to keep secrets from parents about their children.
In a release announcing the addition of the Orange County BOE and Anderson Union school district to the litigation, OCBE President Ken Williams said: “Our board unanimously adopted a parental rights policy in June 2023 because we believe that parents play the most integral role in protecting our students.”
Orange County Board of Education Vice President Mari Barke added: “I think it is important that we stand with Chino Valley because parents make the best decisions for their children. This is about the type of county, state, and nation we want to be.”
The new law, AB1955, was passed by California’s Democratic legislative supermajority and then signed by Gov. Gavin Newsom on July 15. The law is scheduled to take effect on Jan. 1, 2025.
The law was proposed by State Superintendent of Public Instruction Tony Thurmond and lawmakers from the California Legislative LGBTQ Caucus specifically to prohibit schools from enacting policies that would require teachers, counselors and administrators to notify parents if their children wish to change their gender identification at school, ask to be referred to by different names or pronouns or wish to access bathrooms, athletic programs or other school programs which are typically restricted to the opposite sex.
The law came as the state’s official answer to an eruption of court fights over the ability of public school teachers and other staff to keep parents in the dark about their children’s gender identity and potential transitions.
Newsom and supporters have said the law is needed to “keep children safe while protecting the critical role of parents” and to prevent “politicians and school staff from inappropriately interfering in family matters and attempting to control if, when, and how families have deeply personal conversations.”
Opponents, however, say it is AB1955 which actually empowers teachers and school officials to interfere in family matters by keeping critical information from parents.
The lawsuit, which was filed in federal court in Sacramento, asserts the state, by enacting AB1955, has violated parents’ constitutional rights under the Fourteenth Amendment and the First Amendment.
They note the law further directs school teachers and others to violate parents’ and students’ religious rights by prohibiting elected school boards from enacting policies requiring schools to communicate with parents about their students’ gender identities and instead encouraging schools to adopt policies requiring teachers to withhold such information from parents.
In the lawsuit, the school districts and now the Orange County BOE say the law places public school districts in the position of being forced to violate parents’ constitutional rights, exposing them to liability should parents sue them for wrongly inserting themselves into the relationship between parents and students.
The lawsuit seeks a court order declaring AB1955 unconstitutional and blocking the state from enforcing it.
Attorneys for the state have not yet responded to the lawsuit in court. In public statements, Newsom has said he expects the state to quickly prevail over the lawsuit.
The challengers, however, said they are looking forward to pressing their claims in court.
“Parental notification policies are essential to keep students, parents, educators, and administrators on the same team and to foster trust between guardians and schools,” said Jackie LaBarbera, Anderson Union High School District president. “Our board supports parents’ rights and is proud to join this lawsuit.”
Emily Rae, Senior Counsel at the Liberty Justice Center, said: “AB 1955 is an attack on parents’ rights and a threat to children across California. Parents have a constitutional right to direct their children’s upbringing and to know what administrators are telling their kids at school.”