A group backing a proposed ballot measure in California that would require school staff to notify parents if their child requests to change gender identification in schools is battling the attorney general in court Friday, arguing that he is misleading released information about the proposal to the public.
The group is suing Attorney General Rob Bonta, a Democrat, in Sacramento Superior Court. They want the title of the measure changed from the “Restrict Rights of Transgender Youth” initiative to the “Protect Kids of California Act” and update what they say is a biased summary of the proposal.
“It is an abuse of the attorney general’s power to oversee these ballot measures, where he is legally required to be neutral and produce a title and summary that is impartial,” said Dean McGee, an attorney with the Liberty Justice Center, which represents proponents of the measure. .
The initiative would also ban transgender girls in grades 7 through college from participating in girls’ and women’s sports, along with gender-affirming surgeries for minors, with some exceptions.
It’s part of a national debate about local school districts and the rights of parents and LGBTQ+ students. States across the country have tried to impose bans on gender-affirming care, ban trans athletes from girls’ and women’s sports, and require schools to “exclude” trans and nonbinary students from their parents. Some lawmakers in other states have introduced bills in their legislatures with broad language requiring parents to be notified of any changes in their child’s emotional health or well-being.
So far, California’s proposed ballot measure has received at least a quarter of the more than 500,000 signatures needed to get on the ballot on May 28, according to the secretary of state’s office. But proponents of the measure say the title and summary Bonta released for the proposal hinder their ability to garner enough support before time runs out. They want the Secretary of State to extend their deadline by 180 days.
They want to remove language released by Bonta’s office saying the initiative would ban gender-affirming care for transgender youth “even if parents consent or treatment is medically recommended” and require schools to notify parents of the request of their child to be treated as a gender changer. from school records “without exception for student safety.” They also want the summary to state that the measure defines “male” and “female.”
Bonta’s office did not respond Thursday to emails seeking comment about the lawsuit.
California citizens can place initiatives on the ballot if they collect enough supporting signatures, but the attorney general is typically responsible for writing the title and summary language that appears to voters. Judges in California can intervene if they believe the attorney general is not using impartial language. In recent years, California judges have ordered the state to correct misleading information about proposals to repeal a gas tax and increase taxes on corporate property.
The attorney general’s summary of voting measures released could have a “tremendous impact” on how people vote, said Bob Stern, former president of the Center for Governmental Studies.
“For some people, that’s the only time they’ll see any information about the measure — when they go to vote,” Stern said.
Stern believes the nonpartisan Legislative Analyst’s Office, not the attorney general, should release ballot summaries because attorneys general are elected officials who often have a future in politics. Bonta, for example, is expected to run for governor in 2026.
Bonta is currently fighting a Southern California school district in court over a policy that, in part, required school staff to notify parents if their child requested to change his gender identification at school. Bonta said the policy discriminated against gender non-conforming students. The district, Chino Valley Unified, updated the rule last month to remove mention of changes in gender identification. The updated rule is broader and requires school staff to notify parents if a child requests changes to their “official or unofficial records.”
Kathie Moehlig, head of the San Diego-based nonprofit TransFamily Support Services, said the proposed ballot measure and similar proposals at the school district level have left the children she works with fearful that “their entire being will be destroyed by the legislation.” exterminated.”
“Schools don’t have an agenda to make kids trans. Schools have an agenda to keep all students safe.” said Möhlig. “The unfortunate truth is that there are children who live in homes where sharing their gender identity or sexual orientation would make them unsafe.”
