As Californians, we each have the unalienable right to privacy. This right, enumerated in the very first article of the state constitution, is listed alongside life, liberty, and safety. Its importance cannot be stressed enough, and even as minors, we students deserve access to this right—no one should have the power to take that away from us.
However, a recent policy introduced in the Chino Valley Union School District threatened to infringe upon this right, specifically targeting transgender students. It required schools to notify parents if their child identified as transgender or gender-nonconforming, even if it was against the student’s wishes. While its enforcement has been temporarily blocked by a Superior Court judge, the precedent set by this policy could have terrifying implications for LGBTQ+ students.
The LGBTQ+ community has historically been a very marginalized group, one which districts across the country have implemented policies against, such as removing representation from library shelves. With this kind of privacy legislation, LGBTQ+ students will face even greater obstacles involving a subject that is deeply personal to many people.
Adolescence is a time for students to grow and figure out where they stand in the world. However, this can be a delicate process filled with uncertainty and questioning, especially in regards to gender and sexuality. All of the things discovered can be incredibly private matters, which often will not be shared right away; instead, it’s much more comfortable to share information when the time feels right, never when adolescents are forced to. With the addition of the Chino Valley policy, students would be forced to share their identity before they intend to—a blatant violation of their right to privacy. No one should have their gender identity outed to the world without their permission.
The possibility of transphobic family members, especially parents, could put the students in physical danger. According to a study by the UCLA School of Law, 43% of homeless LGBTQ+ adolescents were kicked out by homophobic or unsupportive parents. And of course, there is an even more likely possibility of emotional abuse by family and even the local community, which can be just as harmful during the turbulent times of adolescence. No student should ever be forced to face these issues, and it should be up to them to decide if and when they will disclose their identity to those around them.
Less than two weeks after the Chino Valley policy was blocked, a judge blocked a policy for the Escondido Union School District stating that school staff cannot share a student’s gender-nonconforming identity without express permission. In this case, the judge stated he believed parents have the right to know about their child’s identity, and should therefore be told when they wish to change it.
These two instances are exact opposites of each other, and the conflicting decisions set a precedent for further contradictory legislation throughout the state and even across the country. However, the more pervasive problem here is the obvious transphobia. With these cases, it is evident that transphobia runs rampant in both school districts and the court system, even in a more liberal state like California. LGBTQ+ kids will never be certain of their rights if there isn’t more resistance to this type of transphobic legislation. This would add unnecessary stress to their lives on top of the daily stress that comes with being a high-school student and could potentially expose them to physically and mentally damaging circumstances.
In the end, privacy is one of the most fundamental rights we have, and LGBTQ+ students should be able to live without fear of bigoted legislation. Even as minors, we are each unique individuals and deserve to be able to keep our identities private if we so choose. I strongly opposed the Chino Valley legislation, and I sincerely hope that they, and the Escondido judge, will reverse their decisions for the good of their students.
