Chicago — Attorney General Kwame Raoul, as part of a coalition of 16 attorneys general, today filed an amicus brief in support of a California school district in Regino v. Stanley, a case addressing the constitutionality of the district’s policy prohibiting school staff from unnecessarily disclosing a student’s transgender or gender-nonconforming status without the student’s consent.
Raoul and the coalition filed the brief in the U.S. Court of Appeals for the 9th Circuit in support of Chico Unified School District (CUSD). A parent with children attending school in CUSD filed a lawsuit challenging CUSD’s Administrative Regulation 5145.3 (policy), which prohibits school staff from unnecessarily disclosing a student’s transgender or gender-nonconforming status without the student’s consent, except when there is a specific and compelling need to protect the student’s physical or mental well-being.
“All students deserve a safe and supportive school environment,” Raoul said. “I will continue to work with my fellow attorneys general to support the rights and privacy of transgender students.”
A federal district court granted CUSD’s motion to dismiss the plaintiff’s claims, and the plaintiff appealed the ruling. In today’s amicus brief, Raoul and the coalition assert that the 9th Circuit should affirm the district court’s decision to dismiss the plaintiff’s challenge to CUSD’s policy.
In their brief, the attorneys general argue that CUSD’s policy, and similar longstanding policies enacted across the country, have crafted a careful balance that is consistent with substantive due process and supports transgender and gender-nonconforming students.
Transgender and gender-nonconforming students are vulnerable to abuse, suicide, and other forms of mental and physical harm, because of the very real risk of familial rejection and the lack of access to gender-affirming environments. A policy that protects transgender student privacy – by preventing them from being “outed” in situations where they might suffer psychological, emotional or physical harm – increases their academic success and lowers their risk of missing school, dropping out or dying by suicide.
Raoul and the coalition argue that the plaintiff’s interpretation of the Constitution is unsupported and would severely undermine schools’ ability to protect transgender students. Accordingly, they contend, the appellate court should uphold the district court's decision to dismiss the plaintiff’s challenge to CUSD’s policy.
Attorney General Raoul is joined in filing the amicus brief by the attorneys general of California, Colorado, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.
