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Attorney General Bonta Stands Up Against Legislation Targeting Transgender Students’ Rights

R.Green3 months ago

—California Attorney General Rob Bonta today joined 21 attorneys general in opposing Idahoâ€TMs Senate Bill 1100 (SB 1100), a state law that prohibits transgender students in K-12 public and charter schools from using multi-use restrooms and other school facilities that correspond with their gender identity. The plaintiffs, a 12-year-old transgender girl and the Sexuality and Gender Alliance at Boise High School, appealed the U.S. District Court for the District of Idahoâ€TMs denial of a motion for a preliminary injunction against SB 1100 to the Ninth Circuit Court of Appeals. The coalitionâ€TMs amicus brief asserts that SB 1100 violates the Equal Protection Clause and Title IX, and describes the serious harms to transgender youth that result from unlawful discrimination on the basis of an individualâ€TMs gender identity.

“Legislation that denies transgender students access to school facilities consistent with their gender identity is unlawful and seriously harmful to their well-being,” said Attorney General Bonta. “Despite the growing assault on LGBTQ+ rights nationwide, todayâ€TMs coalition underscores our ongoing commitment to ensuring a safe and inclusive environment for all. From fighting discriminatory school policies to ensuring gender-affirming care, my office will continue to stand up against efforts seeking to jeopardize the rights of our most vulnerable communities.”

SB 1100 is part of a dangerous wave of discriminatory legislation across the U.S. targeting transgender children. Over 1.6 million people in the United States, including approximately 300,000 youth between the ages of 13 and 17, identify as transgender. Transgender youth suffer levels of discrimination, violence, and harassment that far exceed those experienced by their cisgender counterparts. That kind of discrimination predictably inflicts physical and mental harms. Legislation that prevents transgender students from using sex-segregated facilities, including restrooms, consistent with their gender identity is unnecessary and unlawful. In contrast to Idahoâ€TMs discriminatory law, all California schools must permit students to use sex-segregated facilities consistent with the studentâ€TMs gender identity.Â

In their amicus brief today, the coalition supported the plaintiffs' effort to block the enforcement of SB 1100, arguing that the law:

  • Violates the Equal Protection Clause of the U.S. Constitution by stigmatizing transgender students and denying them access to common school facilities based on their gender identity.
  • Violates Title IX of the Education Amendments of 1972 by denying transgender boys and girls access to the same common facilities that other boys and girls may use.
  • Fails to recognize how inclusive laws and policies — such as those in California — produce important benefits without compromising the privacy and safety of others.
  • Attorney General Bonta is committed to defending the rights and safety of LGBTQ+ youth:

    In filing the amicus brief, Attorney General Bonta joins the attorneys general of New York, Washington, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, D.C.

    A copy of the amicus brief is available here .

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