A group working on a fall ballot initiative that would limit the rights of transgender students lost a round in court Monday when a judge in its description of the measure.
Sacramento County Superior Court Judge Stephen Acquisto that Attorney General Rob Bonta鈥檚 title, 鈥�,鈥� is a fair description of the initiative, which would require schools to notify parents if a student identifies as transgender, ban gender-affirming care for those under 18 and place other limits on students who identify as a gender other than what they were assigned at birth.
The ruling is a setback for the group, dubbed Protect Kids California, as it tries to meet a May 28 deadline to collect 550,000 signatures to qualify for the fall ballot. The group has so far raised just over 200,000 signatures, organizers said.
Protect Kids California, led by Roseville school board member Jonathan Zachreson, put forth the initiative in November, calling it the 鈥淧rotect Kids of California Act,鈥� but a day after the group filed its paperwork with the Secretary of State, Bonta gave the initiative a new name and summary. The new name, , and description made it harder to collect signatures and donations, Zachreson said, leading the group to sue for a name they said would be more reflective of the initiative鈥檚 goals.
鈥淐learly the judge got it wrong,鈥� Zachreson said Monday. 鈥淲e鈥檙e exploring other options, including an appeal. But the fight for California鈥檚 kids goes on.鈥�
滨迟鈥檚 over ballot initiative language, in hopes of getting a more persuasive name or summary. Ballot language can significantly influence voters鈥� opinions of initiatives, by the Public Policy Institute of California, especially among voters who aren鈥檛 well informed on issues. Judges usually side with the attorney general, citing a state election code that says the court should overturn the attorney general鈥檚 ballot language 鈥渙nly upon clear and convincing proof that the material in question is false, misleading, or inconsistent.鈥� As Sacramento Superior Court Judge Laurie Earl put it in 2020, 鈥淭he court is not a copy editor.鈥�
Beyond the current initiative, challenges to LGBTQ student rights have been up and down California for at least a year, largely at the behest of , a Republican from Riverside. Essayli proposed that would require schools to notify parents about students鈥� gender identity, and when the bill didn鈥檛 get a hearing in the Assembly education committee he took his campaign directly to school boards.
School boards in Chino, Temecula, Roseville, Rocklin and Anderson are among those that have recently passed parental notification policies, stoking the wrath of Bonta and Gov. Gavin Newsom. In September, Bonta sued Chino Valley Unified over its policy, claiming it鈥檚 discriminatory, and a judge granted a preliminary injunction in October.
Protect Kids CA originally proposed three separate initiatives addressing the rights of transgender students but last fall combined them into one. If it passes, the initiative would:
- Require students to use bathrooms that align with the gender they were assigned at birth
- Prohibit transgender girls in seventh grade or older from participating in girls sports or other girls-only activities
- Ban gender-affirming health care 鈥� including surgery or hormone treatment 鈥� for transgender students under age 18, even if parents consent or the treatment is recommended by a doctor
- Require schools to notify parents if students change their pronouns or otherwise signal they identify as a gender other than what鈥檚 on their official student records
At a hearing Friday, Zachreson鈥檚 group argued that the state鈥檚 ballot language is biased and misleading, and doesn鈥檛 accurately reflect what the initiative would do. Bonta鈥檚 summary says the initiative would require parental notification 鈥渨ithout exception,鈥� but Zachreson鈥檚 group argued that schools would be required under existing law to not inform parents if students would be subject to abuse or neglect at home as a result.
Attorneys also argued over the definition of 鈥減rivacy.鈥� The California Department of Education says that on issues related to their gender identity. Attorneys for Protect Kids CA argued that the policy was never approved by voters, courts or the Legislature, and in fact says parents have a right to view student records.
Equality California, a nonprofit that advocates on behalf of LGBTQ policies in California, said that the initiative is part of a broader campaign attacking queer youth nationwide. Book bans, bathroom restrictions and sports team prohibitions are cropping up throughout the country.
鈥淐alifornia should be a safe and welcoming place for everyone, which is why we have longstanding laws in effect that protect and preserve the rights of LGBTQ+ youth and their families,鈥� said Equality California spokesman Tom Temprano. 鈥淭his initiative seeks to undo these critical protections and make our schools and communities less safe for all youth.鈥�
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