California Policy on Disclosing Student Gender Identity Blocked by Judge

Read more at Newsweek.

A federal judge in California has struck down a state policy that prevented teachers from informing parents when their child identified as a different gender at school, calling the rule unconstitutional and a violation of parental and teachers’ rights.

U.S. District Judge Roger Benitez, sitting in San Diego, ruled Monday that California’s policy—meant to protect LGBTQ students’ privacy—improperly restricted communication between parents and educators. The decision delivers a major setback to state officials and LGBTQ advocacy groups that had defended the policy as essential to student safety.

Why It Matters

The ruling stems from a 2023 lawsuit filed by Escondido Unified School District teachers Elizabeth Mirabelli and Lori Ann West, who challenged a district policy requiring staff to keep a student’s gender identity confidential from parents. The pair, represented by the Thomas More Society, a religious liberty law firm, argued that the rule forced them to violate their faith and the trust of parents.

The ruling directly conflicts with California’s Safety Act (AB 1955), signed by Governor Gavin Newsom in 2024, which banned schools from disclosing students’ gender identity or pronouns to parents without the students’ consent.

What To Know

In a 40-page opinion, Benitez said the rules “place a communication barrier between parents and teachers” and “harm the child who needs parental guidance.” He added that such policies deprive parents of their 14th Amendment right to direct the care and upbringing of their children and infringe upon teachers’ First Amendment rights.

“Parental involvement is essential to the healthy maturation of schoolchildren,” Benitez wrote, according to Courthouse News Service. “California’s public school system parental exclusion policies place a communication barrier between parents and teachers… That, this court will not do.”

Benitez’s ruling also issued a permanent injunction, blocking school districts from reinstating similar “gender secrecy” policies. He acknowledged the state’s intent to protect LGBTQ youth from possible abuse or rejection at home but concluded that the policy was overly broad and not narrowly tailored to that goal.

“When the state drops an elephant in the middle of its classrooms,” he wrote, “it is not a defense to say that the elephants are too heavy to move.”

In his order, Benitez framed the issue as a constitutional matter rather than a cultural one.

“Historically, school teachers informed parents of physical injuries or questions about a student’s health and well-being,” he wrote. “But for something as significant as a student’s expressed change of gender, California public school parents end up left in the dark.”

The decision intensifies a legal and political struggle over how schools handle issues of gender identity. Supporters of the Safety Act cited Centers for Disease Control and Prevention data showing that about 25 percent of transgender youth attempted suicide in 2023, underscoring the risks of forced disclosure. LGBTQ groups, including the American Civil Liberties Union and Equality California, have argued that involuntary outing can lead to family rejection, homelessness or self-harm.

Conservative lawmakers and parental rights groups have opposed such secrecy policies. Tech executive Elon Musk also criticized California’s gender identity disclosure law, saying it was among the reasons he decided to move the headquarters of SpaceX and X (formerly Twitter) from California to Texas.

What People Are Saying

Elizabeth Mirabelli and Lori West, in a joint statement shared on Monday: “We are profoundly grateful for today’s ruling. This has been a long and difficult journey, and we are humbled by the support we’ve received along the way. We want to extend our deepest thanks to Thomas More Society and to everyone who stood by us, prayed for us, and encouraged us from the very beginning.”

California State Senator Scott Wiener, on X days before the ruling: “I’ve passed some of the strongest protections for trans people in the country—from safeguarding gender-affirming care to protecting youth and families fleeing hostile states. As the federal government ramps up its attacks, I will always stand between trans people and harm.”

What Happens Next

The California Attorney General’s Office has not said whether it will appeal the ruling to the Ninth Circuit. For now, the court’s decision halts enforcement of policies that restrict teachers from sharing students’ gender information with parents across California’s public schools.

University dismisses 2nd professor in kerfuffle over anti-trans student’s essay

Read more at LGBTQ Nation.

The University of Oklahoma (OU) recently dismissed a professor for telling students that they wouldn’t be counted absent from her class if they attended an on-campus protest in support of a transgender teaching assistant (TA) who was placed on administrative leave after she failed a student’s essay that referred to trans people as “demonic.” The newly dismissed professor reportedly didn’t give the same option to students who wanted to protest against the trans TA’s reinstatement, OU said.

OU composition professor Kelli Alvarez was accused of viewpoint discrimination for her alleged actions, OU said in an official statement cited by KFOR. OU’s director of first-year composition emailed Alvarez’s students, calling Alvarez’s actions “inappropriate and wrong,” adding, “The university classroom exists to teach students how to think, not what to think.”

The director informed students that they could miss the Friday class to attend either the protest or the counterprotest. The director also noted that Alvarez has been replaced for the remainder of the term, which ends on December 19. OU said it agrees with the director’s actions.

“Classroom instructors have a special obligation to ensure that the classroom is never used to grant preferential treatment based on personal political beliefs, nor to pressure students to adopt particular political or ideological views,” OU wrote in its statement.

At the Friday protest, hundreds of students rallied in support of Mel Curth, a trans TA who OU placed on administrative leave after she gave a student a grade of zero on an essay about a study on gender roles in which the student called trans people “demonic.” The student, Samantha Fulnecky, filed a religious discrimination complaint with OU in November, and the university put Curth on administrative leave.

Students at the protest chanted, “OU shame on you,” “Protect our professors,” and “Justice for Mel,” KOKH-TV reported. Even students who didn’t agree with Curth’s failing grade for the student agreed that Fulnecky’s essay was poorly written and that Curth didn’t need to be put on leave.

At one point in the protest, a Turning Point USA (TPUSA) supporter got in front of the crowd and began counterprotesting.

The OU Chapter of the right-wing young conservatives group published a transphobic tweet saying, “We should not be letting mentally ill professors around students. Clearly this professor lacks the intellectual maturity to set her own bias aside and take grading seriously. Professors like this are the very reason conservatives can’t voice their beliefs in the classroom.”

In her paper, Fulnecky wrote that people aren’t “pressured to be more masculine or feminine,” that she doesn’t see it as a problem when peers use teasing to enforce gender norms, and that “eliminating gender in our society… pulls us farther from God’s original plan.” She also said trans identities are “demonic and severely [harm] American youth.”

In her response, Curth — to whom the OU Department of Psychology recently gave its Outstanding Graduate Teaching Award — wrote that her grade wasn’t because Fulnecky had “certain beliefs,” but rather because the paper “does not answer the questions for this assigment, contradicts itself, heavily uses personal ideology over empirical evidence in a scientific class, and is at times offensive.”

In a statement, OU wrote that it takes First Amendment rights and religious freedoms seriously and began a “full review” of the situation to “swiftly” address the matter, including a “formal grade appeals process” and a review of the student’s claim of “illegal discrimination based on religious beliefs.”

The university also said that Curth had been placed on administrative leave during the finalization of the discrimination review, leaving “a full-time professor” to serve as the course’s instructor for the rest of the semester.

GOP bill seeks to fire teachers who affirm trans students even if parents are okay with it

Read more at LGBTQ Nation.

Missouri State Sen. Joe Nicola (R) introduced a bill that would ban “social transition” in schools and forcibly out any transgender and nonbinary students to their potentially unsupportive parents if the students ask a school staff member to address them by a name or gender identity different from the sex assigned to them at birth.

The bill would also allow teachers to be fired and banned from teaching, as well as schools to be sued for affirming trans and nonbinary students’ gender identities, even if a parent approves of their child socially transitioning.

S.B. 1085, one of 21 anti-LGBTQ+ bills recently introduced by Missouri State Republicans, requires school staff members to inform the principal or a designee within 24 hours if any student asks them to “participate in or support” their social transition by having them address them by a name or gender identity that differs from those they were assigned at birth. The principal or designee would then have 72 hours to inform the student’s parents.

The bill would forbid school staffers and counselors from affirming a student’s trans or nonbinary gender identity or teaching about such identities. School districts would also be forced to fire teachers who violate the law and begin proceedings to revoke those teachers’ teaching licenses. Parents and the state attorney general may also pursue a civil lawsuit against any school or school district that violates the law.

The bill has no exception for parents who approve of their child’s social transition. This essentially forces educators to continue misgendering trans students and invalidating their identities even if they personally support trans and nonbinary students. Studies have shown that social transitioning improves the overall health and well-being of trans children.

Trans journalist Erin Reed wrote that the bill “underscores a shift in how anti-trans legislation is being sold to the public.”

“For years, supporters of bathroom bans, sports bans, and ‘don’t say gay’ policies framed their efforts as battles for ‘parental rights.’ Increasingly, though, that language has fallen away as lawmakers move to strip supportive parents of any authority at all, mirroring the approach in medical transition bans that override parental consent entirely.”

Nicola’s bill is just one of numerous anti-LGBTQ+ bills introduced in the state legislature. The other proposed bills would require the state to deny all legal recognition of non-cisgender identities; roll back nondiscrimination protections for transgender people; ban trans students from accessing school facilities or sports teams matching their gender identities; ban schools from displaying Pride flags; and allow anyone working with schools to misgender other employees’ trans/nonbinary gender identities.

The other proposed bills would also forbid state agencies from allowing gender changes on government-issued identity documents; ban trans people from using public facilities matching their gender identities; ban teachers from being a member of any sports organizations that allow trans participation; ban all “obscene” content from schools (including LGBTQ+ educational materials); forbid all gender-affirming care for minors; and designate all drag performances as “adult cabaret” performances (whose viewing by children can be criminally charged).

In April, Nicola voiced support for a state bill that would ban trans and nonbinary people from using “bathrooms, locker rooms, sports facilities, various crisis centers, prisons,” and other sex-segregated spaces that match their gender identity.

When a doctor testified against the bill, noting that such bans negatively affect trans people’s well-being, Nicola replied, “I’m not going to listen to doctors that say one thing that disagrees with a God of creation. You want to kind of berate me a little bit by saying we should listen to what doctors have to say, what your schooling has to say, over what the scripture has to say — it’s not happening with me.”

Nicola may not realize that the Bible has several scriptures that theologians interpret as being supportive of trans people and their identities.

More Kansas schools receive warning letters about LGBTQ policies, including Wichita

Read more at the Wichita Eagle.

The Kansas Attorney General’s Office has sent letters to more Kansas school districts, including Wichita’s, warning of possible legal action over LGBTQ policies. Along with Wichita Public Schools, the letters were also sent to the Lawrence Public School District, the Cherryvale School District in southeast Kansas, and the State Board of Education.

The letters alleged that the school districts were not following state and federal laws regarding school policies for LGBTQ students and libraries. “I am writing to warn you that these policies make you vulnerable to lawsuits and the loss of federal funding, endanger your students, and violate the constitutional and legal rights of parents, students and your employees,” the letter to USD 259 read. The letters are similar to those sent by Attorney General Kris Kobach to some northeast Kansas school districts, which are now under federal investigation. A letter addressed to Wichita Public Schools alleges that East High and “possibly other schools” were engaging “in gender transitioning of minors without parental knowledge or consent.” Without going into specifics, it also alleges that the district “may have additional transgender policies” that don’t align with state and federal law.

Earlier this year, the district quietly removed language regarding diversity from its website and online policy handbook after the Trump administration published a letter to public schools threatening federal funding if they continued diversity, equity and inclusion programs. In a statement to the Eagle, Wichita Public Schools said the district follows Kansas and federal law. The largest school district in Kansas also said it wasn’t aware of what allegations were made to the AG’s office to prompt the letter. The attorney general’s office has not responded to an Eagle inquiry about why it sent the letters to those school districts and the State Board of Education. “The letter made several broad recommendations – from policies to student support to parental review of instructional materials – which the Board of Education has not had the opportunity to fully discuss,” the statement read. The letter gives the district a Jan. 2 deadline to revise its policies and to identify books and other materials in schools that are “religiously objectionable.” Letters sent to the other school districts and the state board make similar statements and recommendations, but the letter sent to Lawrence Public Schools makes more pointed recommendations. The attorney general’s letter to the Lawrence School District specifically called on it to take down its “LGBTQ Advisory Guide” from the district’s website.

That guide was still available on its site as of Thanksgiving week. It also wants the district to ensure students use locker rooms for the gender they’re assigned at birth, as well as allowing only “biological females” to play in girls sports. The state legislature recently passed a law banning transgender student athletes from girls sports. Cherryvale and Lawrence Public Schools have yet to respond to a request for comment – but both of the school districts’ calendars show that they’re closed for Thanksgiving break. A letter addressed to the State Board of Education makes similar allegations about several other school districts in the state, but doesn’t name them. “As of today, the State Board has not issued any comment,” the board’s spokesperson said in a statement to the Eagle.

Teachers are outing trans students thanks to Texas’s new “Don’t Say Gay” law

Read more at LGBTQ Nation.

The grim consequences for transgender students in Texas are coming into focus three months after the state’s sweeping new Don’t Say Gay legislation went into effect in September.

Texas Gov. Greg Abbott (R) signed the so-called “Bill of Parental Rights” in June, a draconian right-wing wishlist of MAGA priorities banning discussion of LGBTQ+ identity and race in classrooms, shutting down gay-straight student alliances (GSAs) on school campuses, and explicitly prohibiting school staff from supporting trans students, alongside other restrictive measures.

The prohibitions around social transition mean kids known to their classmates and teachers by their preferred name and identity for years are now being deadnamed and forced to assume an identity they’d abandoned long ago.

Ethan Brignac, a trans student at Wylie East High School northeast of Dallas, has been known by his chosen name since seventh grade. With the new legislation in effect, the high school senior lobbied teachers to continue using it.

“In the first week of school, when I was kind of trying to convince my teachers to call me Ethan, I was like, ‘Hey, look, it’s still on my ID.’”

“Then one of my teachers this year said, ‘Okay, they’re gonna fix that soon.’”

Three weeks later, school administrators called him to the library and gave him a new ID. Ethan was now officially identified by his deadname.

He says some teachers seem to make a point of working his legal name into every interaction, he told the Texas Tribune, outing him to peers and rekindling the dread he felt in his time before Ethan.

“It was definitely a big change having my deadname kind of sprawled everywhere,” he said, “It was like, wow, okay, that wasn’t just a social media post I saw, this is real life.”

A school spokesperson confirmed the change was “to ensure full compliance with state law, including Senate Bill 12.”

In the Leander school district north of Austin, faculty may continue to call students by their preferred name, if it was done prior to SB 12’s implementation. But for new students, the use of their chosen names and pronouns is banned. Parents can request a name change, but those updates are only allowed if they’re unrelated to social transitioning, said Conner Carlow, a classroom support specialist in the district.

Carlow grappled with his own sexuality as a middle schooler and recalled how hard it was.

“I wasn’t telling my parents what was going on, so I imagine these kids aren’t either,” Carlow said. “The fact they’re willing to tell us before even the parents is a big deal, and now the fact that we have to just not accept them, I mean, it’s awful.”

The school board in Conroe, Texas, north of Houston, was among the first in Texas to bar teachers from using gender-affirming names and pronouns.

At Woodlands High School in the district, junior Cassie Hilborn had planned to come out as trans, but the onslaught of anti-LGBTQ+ legislation stripped her of her confidence, she says.

“It feels like every day I look at the news and then the headline just reads, ‘Sorry, more things you’ve lost.’”

Cassie takes refuge at the school’s Dungeons & Dragons club, where classmates and a faculty adviser call her by her chosen name. She lodges a small protest against SB 12 by hiding the deadname on her school ID under blue masking tape.

But Cassie remains discouraged, she said.

“Now, even teachers that might have respected my identity have been told that they unequivocally are not allowed to do so,” Cassie said.  

Colts Neck NJ BOE passes parental rights bill amid LGBTQ criticism

Read more at Out in New Jersey.

The Colts Neck Township Schools Board of Education on Nov. 19 unanimously passed a “Parental Bill of Rights,” which among other things allows parents to obtain information surrounding their child’s gender identity and allows them to opt their child out of lessons they find morally objectionable.

The adoption of the policy for the preschool through eighth-grade school district was seen as a victory for parents who believe they should have a say in what their child is learning, but drew criticism from LGBTQ advocates who believe the policy is discriminatory and will hurt students who are sexual or gender minorities.

Lucas Manrique, a mental health professional who spoke during the public comment portion of the meeting before the vote took place, said the BOE’s policy would “operate in direct opposition” to New Jersey Department of Education Policy 5756, which provides guidance to schools on how to treat transgender and gender nonconforming students.

“It is my ethical responsibility as a therapist to provide testimony where I see the potential for harm,” said Manrique, who identified himself as a licensed associate counselor and a nationally certified counselor from Middlesex County.

5756 was created to protect young people by preventing forced outing. Outing students without their consent is psychologically damaging, is discrimination, and is illegal in New Jersey. I implore you to recognize that as a body, it is your responsibility to protect every student and reinforce the rights protected by law,” he said.

However, Val Mendez of Marlboro said she strongly supports the policy. She said that she cares deeply about transparency and that schools should not be a replacement for parents.

“What I appreciate most about this … is that it’s not about politics; it’s about restoring trust, strengthening communication, and ensuring that parents and schools work together,” said Mendez, who emphasized she was speaking as a parent and not as a member of any board to which she belongs.

The policy contains eight articles and outlines parents’ and legal guardians’ rights in the school district. The parts of the policy that sparked the most controversy deal with sexuality and gender, including resources and curricula containing LGBTQ content.

Article 3.3 of the policy addresses the issue of gender identity. It says that the BOE affirms the rights of a child’s parents or legal guardians to ask staff members and receive from them “truthful and to the extent known information” about their child, including changes to their child’s gender identity, pronouns, and name. A child’s legal caretakers, according to the policy, are also entitled to know the sports teams and activities “organized by sex” in which their child is participating and what “sex-specific” facility, such as a bathroom or locker room, their child is using.

Article 4.1 of the policy entitles parents or legal guardians to excuse their child from any “instructions in health, family life education or sex education” that conflict with their “conscience, or sincerely held moral or religious beliefs.”

Article 4.2 of the policy allows a child’s legal caretakers to prevent their child from exposure to a resource or curriculum content that they believe “substantially interferes” with their child’s religious development.

And Article 4.3 allows parents or legal guardians to prevent their child from participating in surveys, questionnaires, or research projects involving personal family information, beliefs, sexual behavior, mental health, or other “sensitive areas.”

Other school districts in the state have written similar policies that have been met with legal challenges. New Jersey Attorney General Matthew J. Platkin filed lawsuits alleging the policies violate the state’s Law Against Discrimination against at least three school districts. The attorney general’s office declined to comment on the matter in Colts Neck. A spokesperson for the LGBTQ civil rights organization Garden State Equality said the organization is “carefully considering any and all possibilities.” A spokesperson for the American Civil Liberties Union of New Jersey said the organization is looking into the policy.

Shawn Hyland, director of advocacy at the New Jersey Family Policy Center, which describes itself on its website as a “Christ-centered organization” and has offices in Trenton and Warren, thanked the board for considering what he called a “common-sense policy.”

“Thank you for recognizing that the parents in Colts Neck genuinely want what’s best for their children and that school policies should reflect that reality. Parents are not only taxpayers; they’re the primary stakeholder in public education. They nurture, protect, and guide their children every day, and they deserve transparency. Let me be clear: Parents are not the problem,” he said.

However, that is not always the case, according to Manrique, who said The Trevor Project, a national nonprofit organization focused on suicide prevention and crisis intervention for LGBTQ youth, found that in 2024, 40 percent of unhoused LGBTQ youth reported that they were kicked out of their parents’ home or were abandoned because of their LGBTQ identity. Also, 35 percent of homeless youth reported attempting suicide, Manrique said.

Still, Hyland said it is “deeply offensive” to suggest moms and dads should have no right to know what curriculum is being taught, to access student records, to be notified of health-related decisions, and to opt out of “intrusive surveys.”

“It is both unethical and dangerous to advocate for that extreme position, yet sadly some do.” Hyland said, adding that the BOE’s policy does not create rights; it simply recognizes the rights already protected under existing federal law. He added that “keeping secrets from parents” violates the federal Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.

Hyland said 77 percent of New Jersey adults believe parents should be fully informed about what’s happening in school. “This is not a fringe position; it’s a mainstream conviction,” he said.

However, Dr. Brian Kaufman, a psychologist with expertise in adolescent development and human sexuality from Asbury Park, told the board that outing students before they are prepared “could lead to the indelible stain of blood on your hands. You can always choose to introduce additional conversations and lessons, but you cannot undo the physical and emotional trauma that results from ignorance.”

Kaufman directs a nonprofit organization called “Rainbow Quest.” Its mission, stated on its website, is to distribute “affirming and educational resources to promote social and intercultural skills.” The organization offers training workshops for educators and therapists and “community-building” events that are intended to “reduce bullying, discrimination, and intolerance and help build and maintain healthy, safe communities, homes, schools, and workplaces.”

He said the organization also aims to educate about “historical and cross-cultural heroes who advanced humankind, LGBTQ role models.

“We rarely learn about these heroes’ sexual orientation or gender identities in school, but every election cycle, we can’t avoid being bombarded with angry, ignorant rhetoric that portrays LGBTQ+ community members as inferior, deviant, and less deserving of respect and love than their gender-conforming peers.”

The exclusion of positive content about LGBTQ people and their contributions to society “leaves the public with a one-sided, negative perception of our gender-diverse youth,” Kaufman said, adding that much more is known now about human sexuality and gender than in the past.

Larissa Garcia, community organizer for GSE, who also identified herself as a Middlesex County resident, read a statement to the board from GSE Senior Director of Advocacy and Organizing Lauren Albrecht.

In it, Albrecht criticized the BOE and its policy committee chairman, Robert Scales, saying she is “keenly aware” of the board’s “disingenuously named ‘Parental Bill of Rights.’” Albrecht said Scales previously told her when she contacted the district months ago about the policy to register a complaint about it that it was dishonest of her to do so without reading it.

“I knew what it would say due to my professional experience and knowledge, and that coupled with the fact that I field regularly occurring calls from families in your district who are concerned by your board’s actions, which is an unusual occurrence for community members from a specific school district to regularly reach out to us about your board’s words, your board’s votes, and what your board members post on social media, about the tone and the climate that has been created for LGBTQ students in your schools by these words and actions,” Albrecht’s statement said.

She continued by saying she has since seen the policy and said it was “verbatim” the same as other policies introduced around the country by “right-wing extremists.”

Albrecht said the policy begs the question: “‘What is the end game here?’ What is the message that Colts Neck is trying to send to LGBTQ students and the school staff who serve them? Parents have always had rights. That has not changed nor been altered. And LGBTQ students have the right to be safe and supported at school so that they can focus on learning and just being kids. Just because you can introduce a policy like this, and you can, because the law still stands, absolutely does not mean that you should.”              

Before the vote was taken, BOE President Angelique Volpe read a statement that said the policy’s adoption makes the board’s position “unmistakably clear” that the rights of parents will stay at the forefront of every decision the board makes.

“Parents are the primary authority in their children’s education, and this district will never sideline that role,” Volpe said. “Every child in Colts Neck will be protected, respected, and treated equally without exception, and we will not permit any sexual content, ideology, or identity to take priority over the rights of our families or the educational mission of our schools. No group’s sexuality will override the values or rights of others. Period.

“This board stands firm, united and unwavering. Our commitment to academic excellence, child safety, and parental authority is absolute, and we will defend these principles without hesitation.”  

US Supreme Court backs parents’ right to opt out of LGBTQ-themed school books

Read more at MSN.

The United States Supreme Court has ruled in favour of a group of parents seeking to exempt their children from public school instruction that conflicts with their religious beliefs, in a 6-3 decision that reinforces constitutional protections for religious freedom.

The case was brought by Christian, Muslim, and Jewish parents in Montgomery County, Maryland, who objected to the use of LGBTQ-themed storybooks in elementary school classrooms, particularly books addressing same-sex marriage and gender identity.

Justice Samuel Alito, delivering the majority opinion, wrote that refusing to permit parents to opt their children out of such instruction “poses a very real threat of undermining their religious beliefs and practices” and violates the First Amendment’s guarantee of the free exercise of religion.

“The Montgomery County Board of Education’s introduction of the ‘LGBTQ+-inclusive’ storybooks, along with its decision to withhold opt outs, places an unconstitutional burden on the parents’ rights to the free exercise of their religion,” Alito wrote.

The justices found that the parents were likely to succeed in their legal challenge and should be granted a preliminary injunction while the case continues, meaning the school board must temporarily accommodate their request to be notified in advance of any related instruction and allow their children to be excused.

“In her dissent, Sotomayor accused the court of inventing a ‘constitutional right to avoid exposure to subtle themes contrary to the religious principles that parents wish to instill in their children.’” She was joined in dissent by Justices Elena Kagan and Ketanji Brown Jackson.

The dispute stems from a 2022 policy change when the school district introduced several LGBTQ-themed books into its language arts curriculum and initially allowed parents to opt out. A year later, the board reversed that decision, arguing the opt-out system was unmanageable and conflicted with the district’s commitment to inclusion.

The parents argued that mandatory exposure to the material, without an option to decline, amounted to “government-led indoctrination about sensitive matters of sexuality.” School officials, however, maintained that the books are intended to introduce children to “diverse viewpoints and ideas.”

During oral arguments in April, the court’s conservative majority signaled strong support for parental rights in such cases, indicating that allowing families to opt out of instruction on sensitive subjects should be “common sense.”

Texas A&M committee rules professor’s firing over gender identity lesson was unjustified

Read more at CNN.

A Texas A&M committee agreed that the university was wrong to fire a professor earlier this year after a controversy over a classroom video that showed a student objecting to a children’s literature lesson about gender identity.

The internal committee ruled that the university didn’t follow proper procedures and didn’t prove there was good cause to fire Melissa McCoul, who was a senior lecturer in the English department with over a decade of teaching experience. Republican lawmakers, including Gov. Greg Abbott, had called for her termination after seeing the video.

The committee unanimously voted earlier this week that “the summary dismissal of Dr. McCoul was not justified.”

The university said in a statement that interim President Tommy Williams has received the committee’s nonbinding recommendation and will make a decision in the coming days or weeks after reviewing it.

McCoul’s lawyer, Amanda Reichek, said this dispute seems destined to wind up in court because the university appears to plan to continue fighting and the interim president is facing the same political pressure.

“Dr. McCoul asserts that the flimsy reasons proffered by A&M for her termination are a pretext for the University’s true motivation: capitulation to Governor Abbott’s demands,” Reichek said in a statement.

The video showing a student questioning whether the class discussion was legal under President Trump’s executive order on gender roiled the campus and led to sharp criticism of university president Mark Welsh, who later resigned, but he didn’t offer a reason and never mentioned the video in his resignation announcement.

The opening of the video posted by state Rep. Brian Harrison showed a slide titled “Gender Unicorn” that highlighted different gender identities and expressions.

Students in the class told the Texas Tribune that they were discussing a book called “Jude Saves the World” about a middle schooler who is coming out as nonbinary. That was just one of several books included in the course that highlights LGBTQ+ issues.

After a brief back-and-forth discussion about the legality of teaching those lessons, McCoul asked the student to leave the class. Harrison posted other recordings of the student’s meeting with Welsh that show the university president defending McCoul’s teaching.

The Tribune reported that McCoul had taught the same course at A&M at least 12 times since 2018. University officials decided to end this particular summer class early after the confrontation, but McCoul returned to teach in the fall until after the videos were published online.

Welsh had said when McCoul was fired that he learned she had continued teaching content in a children’s literature course “that did not align with any reasonable expectation of standard curriculum for the course.” He also said that the course content was not matching its catalog descriptions. But her lawyer disputed that, and said McCoul was never instructed to change her course content in any way, shape or form.

Earlier this month, the Texas A&M Regents decided that professors now need to receive approval from the school president to discuss some race and gender topics.

The new policy states that no academic course “will advocate race or gender ideology, or topics related to sexual orientation or gender identity” unless approved in advance by a campus president.

Various universities and their presidents around the country, including Harvard and Columbia have come under scrutiny from conservative critics and President Donald Trump administration over diversity, equity and inclusion practices and their responses to campus protests.

Why some Texas teachers are being forced to “deadname” trans students under a new state law

Read more at the Texas Tribune.

Ethan Brignac, a transgender student at Wylie East High School, has been “Ethan” since seventh grade — to his friends, family and teachers. When he reached high school, his dad further validated his chosen name by requesting “Ethan” be used in school records, including in his email, class rosters and ID, which his teachers honored until this fall.

Three weeks after Brignac started his senior year, Wylie East administrators called him to the library and gave him a new ID. On it, in white capital letters, was a name he hadn’t been called in five years.

“In the first week of school, when I was kind of trying to convince my teachers to call me Ethan, I was like, ‘Hey, look, it’s still on my ID,’” said Brignac, who did not want The Texas Tribune to publish his birth name because it causes him discomfort. “Then one of my teachers this year said, ‘Okay, they’re gonna fix that soon.’”

Now, he said, some teachers seem to wedge his legal name into every interaction, outing him to peers and resurrecting the dread he felt before school records reflected his chosen name.

“It was definitely a big change having my deadname kind of sprawled everywhere,” Brignac said, referring to a derogatory practice of calling a trans person by their birth name. “It was like, wow, okay, that wasn’t just a social media post I saw, this is real life.”

A Wylie spokesperson said the move was “to ensure full compliance with state law, including Senate Bill 12.”

A sweeping piece of legislation that went into effect Sept. 1, SB 12 bars public school employees from socially transitioning a student, which it defines as helping to change a student’s sex assigned at birth by using a different name, pronoun or other practice that denies the birth sex. Dubbed the “Parents’ Bill of Rights,” the law allows guardians to report school-supported social transitioning to the school board, among other powers.

The law also prohibits K-12 faculty from referencing LGBTQ+ identities in class instruction and casual conversations, and it bans school-sanctioned clubs that center sexual orientation or gender identity.

Several transgender students at Texas schools that enforce birth names told the Tribune the new policies have transformed school from a place of support to one that rejects who they are. Considered a derogatory practice in the LGBTQ+ community, dead-naming undermines the wishes of trans people and in some cases, forcibly reveals their trans identity, which can cause or worsen mental health problems among these children, studies have found.

Some parents of trans Texas students say they are frustrated because the law appears to ignore their rights for those of other guardians. A few of these parents joined advocacy and teacher groups to file a lawsuit against SB 12 in August, seeking to pause districts from enforcing the law while the case proceeds.

Parents who support SB 12 say the law boosts their role in their children’s education. Many of them want to erase LGBTQ+ topics from K-12 schools, saying they prompt children to question their identities or that schools force progressive views onto their kids.

“We live in an insane world where a school board has to remind teachers that they cannot tell children, you know, suggest to kids they might be homosexual or they might be actually a girl if they’re a biological male,” said Jeffrey Keech, whose children go to Wylie schools. “It’s unbelievable to me that this even is an issue.”

The Tribune contacted two dozen districts across the state, including districts in the Austin, Houston and San Antonio areas, and spoke with a dozen teachers, parents and transgender students about how schools are implementing SB 12, finding that administrators are taking varied approaches. This is because the law leaves the Texas Education Agency and school districts to decide how to implement it, said Rachel Moran, a law professor at Texas A&M University who directs the education law program.

Some Texas school districts and boards, like Wylie, have adopted policies to ban teachers from aiding in social transitioning, but many have not yet — and are still allowing teachers to honor students’ preferred names and pronouns.

TEA would not respond to questions about how school districts are implementing SB 12, how many districts have complied with the law or deadlines for doing so.

Moran said schools might adopt hard-line policies to shield themselves from retribution.

“This is true with any broad mandate — some are going to be overcomplying,” she said. “It has a real chilling effect. They’re afraid to get anywhere close to a perceived line.”

Teachers told the Tribune the law leaves them anxious and confused because they are unsure when they can use nicknames or how they should respond to parents who request their children’s preferred names and pronouns be used. They lament that they won’t be able to support students who come out as queer. School district officials also worry how the policies will interfere with federal and district rules and daily affairs.

Now, Texas public school students sit in the crosshairs of debates over free speech, race, religion and gender and sexuality in school.

SB 12 is part of a slate of laws that increase oversight of K-12 schools, including new rules that mandate the Ten Commandments in classrooms and clear the way for book bans. In federal and state governments and now school board meetings, disagreements have escalated from “I don’t think that you have the right idea,” to “I don’t think you’re the right kind of person,” Moran said.

Once a place to hear diverse perspectives, she worries schools will leave children unable to tolerate different views.

“The stakes are not just whether I win or lose this particular culture war,” Moran said. “It’s whether I preserve a tradition that has been so formative of our democracy.”

School policies vary

In addition to the ban on social transitioning, SB 12 prohibits hiring, training, programs and activities centered on race, ethnicity, gender identity and sexual orientation — referenced in the law as diversity, equity and inclusion, or DEI, initiatives.

It also requires schools to tell parents their rights, such as allowing them access to school records and course content, and requiring that they give permission for their child to receive health care, hear lessons about sexuality and join clubs.

Among parts of the bill that confuse teachers and administrators is how to respond when parents ask that schools use their child’s preferred name and pronouns or what to call students who have already transitioned.

More than two months after the deadline to comply with SB 12, districts are implementing the bill differently.

Conner Carlow, a former registrar who now works as a classroom support specialist in the Leander school district, said faculty can continue to call students by their preferred name if that was done prior to SB 12 going into effect. However, faculty cannot use new names or new pronouns moving forward, and administrators must approve fresh changes on a case-by-case basis through a form parents submit. These updates are only allowed if they appear unrelated to social transitioning, he said.

The name change form is the only written directive Carlow has gotten regarding SB 12. Leander spokesperson Crestina Hardie would not say how the school district is handling name changes because the board has no policy about it. Hardie said the school district is waiting to enact new rules while it reviews the law and gets clarification from TEA and the district’s legal counsel.

“SB 12 deeply impacts personal and highly complex areas of school life, and the biggest challenge for districts statewide is the lack of clarity and consistency in how these laws intersect with existing Board policy, federal protections and day-to-day school operations,” Hardie said.

The Cypress-Fairbanks and Conroe school districts adopted policies that ban DEI practices and prohibit social transitioning or providing information about it.

Argyle and Academy school districts have posted parental rights resolutions, but nothing on social transitioning.

Deer Park linked SB 12 on its website, but it is unclear how the district will implement the law, including gender-affirming names and pronouns.

Wylie distributed a fact sheet advising employees to use the names and pronouns in school records and barring them from discussing race, color, ethnicity, gender identity and sexual orientation.

Although officials disagreed with parts of the law, Houston-based DRAW Academy rolled out the new rules. The 98% Hispanic charter district issued parental notices and consent forms, banned DEI and limited instruction about sexual orientation and gender identity, according to superintendent and CEO Patricia Beistegui.

“DRAW Academy stands for Diversity, Roots, and Wings, founded under the core belief that diversity and inclusivity is a strength in our democracy,” Beistegui said in an email. She said SB 12 is designed to make positive changes but actually revokes protections.

SB 12 and the way schools are implementing it forces teachers to blindly try to follow the law, said Charlotte Wilson, a Garland ISD special education teacher.

“It’s not clear to teachers what we can say or even do,” Wilson said, referencing instruction about race and LGBT topics. “Teachers are afraid because we don’t want to lose our certifications.”

Wilson wants a say in her children’s learning, but she thinks the law might lead teachers to skip lessons that touch on prohibited themes, undermining students’ quality of education.

“We already highlight different cultural historical events throughout the year, like MLK Day, Hispanic Heritage Month, women’s history,” Wilson said. “If we approach Pride Month the same way, as part of America’s inclusion, and communicate about what’s being taught, that shouldn’t violate anyone’s rights.”

Carlow said Leander’s bar on LGBTQ+ topics makes it hard to support his students. He remembers grappling with his sexuality as a middle schooler and how hard that was.

“I wasn’t telling my parents what was going on, so I imagine these kids aren’t either,” Carlow said. “The fact they’re willing to tell us before even the parents is a big deal, and now the fact that we have to just not accept them, I mean, it’s awful.”

“Called something I’m not”

The varied approaches to SB 12 means transgender students across Texas are experiencing different levels of alienation.

Pride flags fly and teachers use gender-affirming pronouns at Alief Early College High School, said Marshall Romero, a transgender third-year. The only change he noticed was a permission slip to join the speech and debate club.

An Alief spokesperson said the district also sent parents an opt-in and opt-out form for school health services.

Romero said the school remains largely supportive of LGTBQ+ students.

“I never had to worry about the teacher or any instructor telling me, like, ‘Hey, I can’t call you that, or I’m not going to call you that,’” Romero said. “Being able to be called by a name that reflects who I am, being called by certain pronouns, just really gives me a quality of life that I feel like I can hold on and is worth living.”

Cassie Hilborn, a Woodlands High School junior, yearns to be called her gender-affirming name at school. One of Hilborn’s earliest memories is looking in the mirror and wishing she was a girl. During the pandemic, she watched a YouTube video explaining what it meant to be transgender and finally understood why she felt misaligned with her body.

But the past year’s onslaught of transgender-focused federal and state policies stripped her confidence and dashed her plan to wear feminine clothes and ask her teachers to use her chosen name.

“It feels like every day I look at the news and then the headline just reads, ‘Sorry, more things you’ve lost,’” Hilborn said.

The Conroe school board, which governs Woodlands High School, was among the first in Texas to bar teachers from using gender-affirming names and pronouns.

At the school Dungeons & Dragons club, Hilborn’s peers and faculty adviser call her “Cassie,” but everyone else uses the legal name on her ID, which she hides under blue masking tape. She wants her classmates and teachers to know she’s transgender, but laws like SB 12 have discouraged her from coming out.

“Now, even teachers that might have respected my identity have been told that they unequivocally are not allowed to do so,” Hilborn said.

Once school records reflected Brignac’s preferred name, his grades climbed. He became president of the National Art Honor Society and founded an art mentorship program. He raised his hand so often that one teacher joked about it.

His stepmom Shannon Keene worries that being misgendered at school will thrust him back into isolation, like she saw before he entered high school.

This year’s reversal “made him feel rejected as a human being,” she said.

Having socially transitioned in seventh grade when he cut his hair and asked to go by Ethan, Brignac’s peers have been confused to hear his feminine name now used.

He’s reminded every day that his state and school deny his identity. “It’s rough being called something I’m not,” said Brignac, who now avoids talking in class.

Queer young people have disproportionate rates of depression and mental illness. But a study of 129 transgender and gender nonconforming students found that having their identities affirmed decreases symptoms of severe depression. Being called preferred names and pronouns is correlated with a drop in suicidal thoughts by 29% and suicidal behavior by 56%, according to the study published in the Journal of Adolescent Health in 2018.

Refusing to use preferred names tells transgender and nonbinary students they’re unworthy of respect, said Johnathan Gooch of Equality Texas, a nonprofit that advocates for LGBTQ equality.

“It’s as if someone else picked a nickname for you that you didn’t want, a malicious nickname, that they repeatedly use despite the fact they know what you prefer to be called,” Gooch said.

Parental rights for all?

Some parents who support expelling discussions about queer identities from schools say SB 12 protects children from viewpoints that might spur them to question who they are.

Around three years ago, after Kevin Brooks’ then-middle school daughter returned from school in the Wylie district and said her friend used nonbinary pronouns, he responded: “Sweetheart, don’t buy into that foolishness.”

The army veteran thinks children are too young to learn about LGBTQ+ identities and that it confuses them to hear that gender and sexuality are spectrums, like some schools have taught.

“Why are you teaching these kids that are as young as 5 and 6 years old all this stuff that they don’t need to deal with?” Brooks said. “I told my son the other day, I wish you’d stay innocent till you’re 35 years old, because the stuff that’s going on in the world right now absolutely just, it not only mortifies me, it terrifies me. It just really pisses me off.”

Brooks hasn’t heard of teachers at Wylie discussing LGBTQ+ identities, but he’s terrified to imagine them pledging allegiance to a rainbow flag, which happened in a California classroom in 2021.

In May, Don Zimmerman participated in a protest against a transgender teacher at Cedar Ridge High School in the Round Rock district, where he lives and previously ran for the school board.

Students and at least one faculty member stood across the street with posters saying, “Y’all means all.” To Zimmerman, the faculty member’s presence is proof of schools “coaching children and encouraging them to embrace and publicly protest in favor of this transgender extremism.”

“The school is so hell bent on this agenda of promoting transgenderism and the LGBT lifestyle, …and the parents feel so powerless at stopping the public schools agenda that they go to the Legislature and get these laws passed,” said Zimmerman, who sent his third grader to private school to shield him from LGBTQ+-themed lessons.

Parents of transgender students say new policies complying with the so-called “parents’ bill of rights” are a slap in their face. Keene, Brignac’s stepmom, said policies against using gender-affirming names and pronouns pander to conservative views and hurt gender-queer children, who are 3.3% of youths ages 13-17 in the U.S.

Brignac’s biological mom told the Tribune she is now seeking to change her son’s legal name so he hears Ethan when he graduates.

“I fail to see the correlation between a parent asking that their child be called by their preferred name and pronouns and providing direct instruction on gender identity,” Keene said. “It’s about control, not about rights. And it’s also just blatant disregard for a person’s sense of self. And to do that to kids is unconscionable.”

Catholic preschools appeal to Supreme Court in Colorado case over LGBTQ rights and religious liberty

Read more at CPR News.

Two Denver-area Catholic parishes asked the U.S. Supreme Court on Thursday to reconsider a lower court decision that said parish preschools participating in Colorado’s state-funded preschool program couldn’t deny admission to LGBTQ children or children from LGBTQ families.

The appeal to the Supreme Court comes about six weeks after the 10th Circuit Court of Appeals ruled against the Catholic parishes, which had argued that enrolling children from LGBTQ families would conflict with their religious beliefs.

Gov. Jared Polis lauded the circuit court’s Sept. 30 ruling, which was a major win for the state.

If the Supreme Court agrees to hear the case, the justices could answer a question at the heart of the case: Can private religious schools that accept public education dollars refuse to enroll certain kids based on religious principles? The state and two lower courts have said no. The Supreme Court, which has a conservative majority, could give a different answer.

A spokesperson for Colorado Department of Early Childhood, which runs the state-funded preschool program, said officials won’t comment on pending or active litigation.

The Catholic preschools sued the state in 2023 as Colorado launched its new universal preschool program, which provides tuition-free preschool to 4-year-olds statewide. The $349 million program serves more than 40,000 children and allows families to choose from public, private, or religious preschools.

St. Mary Catholic Virtue School in Littleton and Wellspring Catholic Academy in Lakewood wanted to join the program when it started, but didn’t want to admit LGBTQ children or children from LGBTQ families.

They asked for an exemption from state rules banning discrimination based on sexual orientation and gender identity, but the Colorado Department of Early Childhood refused. The two preschools never joined the program, and in August 2023, the parishes that ran the preschools sued the state.

Of more than 2,000 preschools participating in Colorado’s universal preschool program this year, about 40 are religious.

Attorneys from The Becket Fund for Religious Liberty, which is representing the Catholic preschools in the case, have argued that Colorado is discriminating against the preschools based on religion.

“Colorado is picking winners and losers based on the content of their religious beliefs,” Nick Reaves, senior counsel at Becket, said in a press release Friday.

The release suggests that Colorado’s rules barring discrimination have hurt Catholic preschool enrollment.

Since universal preschool began, “enrollment at Catholic preschools has swiftly declined, while two Catholic preschools have shuttered their doors, including one that predominantly served low-income and minority families,” the press release said.

Wellspring, one of two parish preschools involved in the case, did close last year when the K-8 school it was part of closed because of low enrollment and financial problems. A Catholic preschool in Denver also shuttered when the K-8 school it was part of — Guardian Angels Catholic School — closed at the end of the 2024-25 school year. At the time the Archdiocese of Denver announced the closure of Wellspring and Guardian Angels, it also announced the consolidation of two Catholic high schools into one campus.

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