California’s attorney General cautioned school districts across the state that policies requiring employees to report transgender students to their parents violated the state’s constitution.

attorney General Rob Bonta issued a legal alert on Thursday that said the policies adopted by several Golden State school districts are unconstitutional and “detrimental” to the privacy, safety and well-being of transgender and gender-nonconforming students.

“We know what the data tells us — that 15% of transgender, gender non-conforming young people are kicked out of their home,” attorney General Rob Bonta told KCAL last week after the warning was issued Thursday.

“Another 10% are harmed physically by members of their direct family,” he added.

Bonta’s warning came amid an ongoing battle between the attorney general and the Chino Valley School District, which issued the policy in July after a 4-1 vote from the school board.

California attorney General Rob Bonta has argued that the mandate puts the lives of trans students at risk. AP

The policy mandates that staff members must notify parents if their children ask to go by a different name or pronouns; whether they ask to use bathrooms or participate in activities not aligned with their birth gender.

The Chino Valley district requires the students to be reported even if they haven’t given staff permission to disclose the information.

Bonta has insisted the policy discriminates against trans students and puts them in danger.

Chino Valley School Board President Sonja Shaw, a vocal supporter of the bill, has accused the attorney general of being “obsessed with power.”

Chino Valley School Board President Sonja Shaw has characterized the mandate as a stand for parental rights. AP

“He’s showing that he wants to be the parent of our children and he’s not doing his real job, which is keeping California safe,” Shaw told KCAL. “What is he doing to make them safe at campus by keeping parents out? It absolutely makes no sense.”

In his warning last week, Bonta’s office said the outing policies “target transgender and gender nonconforming students,” before highlighting three separate ways it violated the California constitution’s Equal Protection Clause, according to the Sacramento Bee.

“Because gender identity is an aspect of gender, transgender or gender nonconforming individuals constitute a protected class under California’s equal protection clause,” the notification read.

The mandate resulted in a fiery board of education meeting in July and outrage from both sides of the debate since. AP

Other violations included prohibitions against gender discrimination, pointing out how the “forced outing policies target one group, and ‘that group alone’ for discriminatory treatment,” along with violations of the students’ right to privacy.

“In sum, by singling out transgender and gender nonconforming students for different, adverse treatment that puts them at risk of harm, forced disclosure policies violate their constitutional right to equal protection and privacy, as well as their statutory protection from discrimination under California law,” the warning read.

Bonto’s office previously sued the school district to block the policy in August, which he called “hateful,” citing a fiery July 20 Board of Education hearing in which trans students were described as “perverse” and having “mental illness.”

Shaw has doubled down on the policy, characterizing it as a battle for parents’ rights against invasive liberal politicians who want to strip them away.

“The political cartel has continued to show their cards and I think we just need to stand with our constitutional rights and we need to make sure we protect our kids together,” she said on Thursday.

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attorney General Rob Bonta, seen in April 2021, and 22 other attorneys general say Hyundai Motor Co. and subsidiary Kia America need to take more urgent action to address security vulnerabilities that have made their vehicles highly susceptible to theft.” title=”California attorney General Rob Bonta, seen in April 2021, and 22 other attorneys general say Hyundai Motor Co. and subsidiary Kia America need to take more urgent action to address security vulnerabilities that have made their vehicles highly susceptible to theft.”/>

California attorney General Rob Bonta, seen in April 2021, and 22 other attorneys general say Hyundai Motor Co. and subsidiary Kia America need to take more urgent action to address security vulnerabilities that have made their vehicles highly susceptible to theft.

Paul Kitagaki Jr.

Sacramento Bee file

California school districts should not force staff to out transgender students to their parents, attorney General Rob Bonta warned in a legal memo sent out Thursday.

The alert was sent to every school district and charter school board and superintendent in the state.

“The Office of the California attorney General issues this legal alert to remind all school boards that forced gender identity disclosure policies — which target transgender and gender nonconforming students by mandating that school personnel disclose a student’s gender identity or gender nonconformity to a parent or guardian without the student’s express consent — violate state law,” the memo begins.

A legal alert is advisory in nature, and is intended to clarify the law as the California attorney General’s Office interprets it.

Several school districts in California have enacted such a policy, as well as policies requiring parents to be notified if a student accesses a bathroom or plays a sport that doesn’t correspond with the sex listed on their birth certificate. These policies require parental notification regardless of whether it places the student at risk of harm from doing so.

Bonta’s office is embroiled in a lawsuit with one such school district — Chino Valley Unified, in Southern California — and has secured a preliminary injunction from the judge in that case, barring that district from enacting the notification policy while the case is ongoing.

The alert cited three different ways that forced outing policies violate state law and students’ rights. In the memo, Bonta’s office argued that the policies violate the Equal Protection Clause of the California Constitution.

“Because gender identity is an aspect of gender, transgender or gender nonconforming individuals constitute a protected class under California’s equal protection clause,” the memo reads.

The memo also said that the parental notification policy violates statutory prohibitions on discrimination based on gender, gender expression and gender identity.

“Forced outing policies target one group, and “that group alone” for discriminatory treatment, which violates state anti-discrimination law,” the memo read.

Finally, the memo said that the policy violates California students’ constitutional right to privacy with regard to how and when they disclose their gender identity.

“In sum, by singling out transgender and gender nonconforming students for different, adverse treatment that puts them at risk of harm, forced disclosure policies violate their constitutional right to equal protection and privacy, as well as their statutory protection from discrimination under California law,” the memo concluded.

In a statement accompanying the memo, Bonta said that these school district policies “endanger the psychological and emotional well-being of transgender and gender-nonconforming students” and that such policies “have no place in our classrooms.”

A 2021 study published in the medical journal Pediatrics found that transgender and gender-nonconforming adolescents are more likely to experience abuse than their peers.

A 2022 survey from LGBTQ advocacy group the Trevor Project found that fewer than a third of trans and nonbinary youths view their home as a safe and affirming place.

Related stories from Sacramento Bee

Andrew Sheeler covers California’s unique political climate for The Sacramento Bee. He has covered crime and politics from interior Alaska to North Dakota’s oil patch to the rugged coast of southern Oregon. He attended the University of Alaska Fairbanks.

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by Sydney Broadnax

Sat, September 30th 2023, 7:36 PM UTCattorney General Dana Nessel speaks during a news conference, Sept. 19, 2022, outside of the Genesee County Sheriff’s Office in Flint, Mich. (Jake May/The Flint Journal via AP, File)” sizes=”(min-width: 1024) 1024, 50vw” src=”https://midmichigannow.com/resources/media2/16×9/full/1015/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-large16x9_AP23262588955774.jpg” srcset=”/resources/media2/16×9/full/1024/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-large16x9_AP23262588955774.jpg 1024w, /resources/media2/16×9/full/768/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-medium16x9_AP23262588955774.jpg 768w, /resources/media2/16×9/full/320/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-small16x9_AP23262588955774.jpg 320w, /resources/media2/16×9/full/1500/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-jumbo16x9_AP23262588955774.jpg 1500w, /resources/media2/16×9/full/1900/center/80/d2ef00b6-a3e8-4e11-8550-9b57c047a9e7-AP23262588955774.jpg 1900w, “/>

FILE – Michigan attorney General Dana Nessel speaks during a news conference, Sept. 19, 2022, outside of the Genesee County Sheriff’s Office in Flint, Mich. (Jake May/The Flint Journal via AP, File)

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by AMY TAXIN and SOPHIE AUSTIN Associated Press/Report for America

Mon, August 28th 2023, 8:48 PM UTC

California attorney General Rob Bonta fields questions during a press conference Monday, Aug. 28, 2023, in Los Angeles. California’s attorney general sued a Southern California school district Monday over its recently adopted policy that requires schools to notify parents if their children change their gender identification or pronouns. (AP Photo/Marcio Jose Sanchez)

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