Republican leader Gallagher introduces ‘outing’ bill in Sacramento
Assembly Republican Leader James Gallagher (Yuba City) alongside Assemblymember Bill Essayli (Riverside) introduced legislation that would require that any teacher, counselor, or employee of a school notifies the parents of any student that identifies at school as a gender that does not align with their assigned birth gender.
The text of Assembly Bill 1314 reads:
Existing law authorizes a minor who is 12 years of age or older to consent to mental health treatment or counseling services, notwithstanding any provision of law to the contrary, if, in the opinion of the attending professional person, the minor is mature enough to participate intelligently in those services, or to outpatient mental health treatment or counseling services if the foregoing is true and the minor would present a danger of serious physical or mental harm to self or to others without the mental health treatment or counseling or residential shelter services, or is the alleged victim of incest or child abuse. Existing law requires the mental health treatment or counseling of a minor authorized by these provisions to include involvement of the minor’s parent or guardian unless, in the opinion of the professional person who is treating or counseling the minor, the involvement would be inappropriate.
This bill would, notwithstanding the consent provisions described above, provide that a parent or guardian has the right to be notified in writing within 3 days from the date any teacher, counselor, or employee of the school becomes aware that a pupil is identifying at school as a gender that does not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth, using sex-segregated school programs and activities, including athletic teams and competitions, or using facilities that do not align with the child’s sex on their birth certificate, other official records, or sex assigned at birth. The bill would state legislative intent related to these provisions. By imposing additional duties on public school officials, the bill would impose a state-mandated local program.
Echoing arguments that have risen in state houses across the United States by Republicans, especially in Florida, Tennessee, Arkansas and Texas, Gallagher in a response to State Senator Scott Wiener who tweeted his outrage over the bill tweeted: “No Senator this bill simply stops an outrageous policy of transitioning kids at school in secret without their parents knowledge or consent.”
In a statement issued by his office, Assemblyman Essayli said, “This legislation seeks to protect parental rights, ensuring that parents know what is going on with their child at school, instead of having the teacher replace the parent in discussing important personal matters.”
Essayli told media outlets that the legislation was specifically designed to assert the freedom of teachers to openly communicate with parents regarding their children’s gender transition decisions, and that it was based on a Jurupa Valley educator’s firing over her predisposition toward full disclosure.
In response to the introduction of the measure, the California Legislative LGBTQ+ Caucus said in a statement released Monday afternoon:
“The California Legislative LGBTQ Caucus is united in ensuring that our children are protected and safe. But legislation that aims to ‘out’ transgender and non-binary students against their will does not protect them — it puts them in potentially life-threatening danger, subjecting them to trauma and violence. Additionally, the Trevor Project cites family conflict around youths’ LGBTQ identities as a driving factor contributing to LGBTQ youth homelessness.
“Teachers should not be forced into the inappropriate position of revealing a student’s personal information about their gender identity with anyone. Data indicates that 82% of transgender individuals have considered killing themselves and 40% have attempted suicide, with suicidality highest among transgender youth. Anyone putting forward a bill that would only increase those numbers is not seeking to protect children. Period.”
Equality California also issued a statement:
“We want LGBTQ+ students to feel safe talking to their parents about their gender and sexuality, but AB 1314 ignores the reality that not all trans youth have that option. Trans people are more likely to face family rejection and even abuse at home based on their gender identity, which leads to overrepresentation in foster care, juvenile detention and among unhoused youth. For many trans kids, school is the only place they feel safe to be their true, authentic selves. Forced ‘outing’ bills like AB 1314 seek to strip that sense of safety and dignity away.
“Conversations between children and their parents about gender identity should happen on their terms — at a time and place they feel is appropriate — not because politicians say so. We should be encouraging and supporting parents to have open and honest conversations with their children, not forcing teachers to serve as the school’s ‘gender police’, tracking down students using a different name or pronoun at school and outing them at home.”