Huntington Beach sues to block state law on trans student privacy

Huntington Beach is once again battling with California, filing a lawsuit this week that seeks to block a new state law that prohibits school officials from requiring teachers to notify families about students’ gender identity.

The lawsuit Tuesday, which names Gov. Gavin Newsom, California Atty. Gen. Rob Bonta and state Supt. of Public Instruction Tony Thurmond, asks that a judge declare Assembly Bill 1955 unconstitutional and prohibit the state from enforcing it.

The law, which was signed by Newsom in July, shields teachers from being forced to tell parents about a student’s gender identity or sexual orientation without the child’s consent. The law came after a lengthy fight between LGBTQ+ activists and conservative school boards advocating for parental rights.

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The new law shields teachers from retaliation for supporting transgender students and prohibits school policies that require “forced disclosure” of youth gender decisions to their families.

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Mayor Gracey Van Der Mark said in a statement that the law “puts children at risk” and “is an unconstitutional invasion of the parent/child relationship by the state.” America First Legal Foundation, a conservative nonprofit founded by Donald Trump advisor Stephen Miller, is covering at least some legal expenses in the case.

“This is the same egregious piece of legislation that seeks to compel educators to keep secret from parents sensitive, private, and often life-saving information related to their child’s gender issues and/or expression,” Van Der Mark said.

The law does not bar educators from communicating information about a child’s gender identity or sexual orientation to their parents when they believe it is necessary, such as when the disclosure would protect the child’s health or safety. The measure also says that it merely clarifies students’ existing privacy rights under the law, rather than enacting new ones.

Bonta’s office said in a statement that the attorney general was “committed to providing his unwavering support to ensure every student has the right to learn and thrive in a school environment that promotes safety, privacy and inclusivity.”

The city’s lawsuit argues that a child transitioning or announcing their sexuality is a “personal and private issue, not an educational issue.” However, supporters of the law say that it protects children who may not feel safe coming out to their parents.

In July, Chino Valley Unified School District sued the state over the law, saying that it infringes on the rights of parents.

The Huntington Beach City Council’s conservative majority on Tuesday also voted to declare the city a “parent’s right to know” city in terms of a child’s gender identity or expression.

Huntington Beach’s ordinance states that no educators in the city — including instructors, counselors or those who work in the city’s libraries, parks and recreational facilities or other city staffers who may work with children — will withhold any information related to a child’s gender identity, expression or sexual orientation from their parents with or without the child’s consent.

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Councilmember Rhonda Bolton, who voted against the ordinance, said the lawsuit is a “breach of the city’s fiduciary duty as stewards of the public’s money.”

“I’ll give a gold star to whoever drafted the ordinance for creativity. This is some of the most tortured legal reasoning I have ever read,” she said during a council meeting early this month. “The reason is the city doesn’t have any jurisdiction over this matter of education policy and practice.”

Huntington Beach has garnered a reputation for battling the state over various policy issues.

The state and the city sued each other in 2022 over requirements that the city zone to create more housing over the next decade. In April, California filed suit against the city again, alleging that its new voter ID law violates state law.