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Bill to stop ‘forced outing’ of California students heads to governor’s desk

Debate over the bill stalled initially after one Assembly member kept getting called out of order.

SACRAMENTO, Calif. (CN) — The California Assembly descended into chaos Thursday during debate on a forced outing bill, leading Democrats to recess the proceeding and caucus before returning and passing the controversial legislation.

Assembly Bill 1955 — written by Assemblymember Chris Ward, a San Diego Democrat and member of the LGBTQ caucus — has drawn criticism throughout the legislative process. On Wednesday, when it appeared for the last time in a committee, a lengthy line of opponents spoke against the bill.

The bill prohibits a school employee from being required to reveal information about a student’s sexual orientation, gender identity or gender expression without the student’s consent. It also stops school districts from implementing policies that require that disclosure, and prohibits them from punishing an employee who supports a student’s rights.

Proponents say the bill is essential to protect students. Critics argued the bill is based on misinformation about existing policies in some school districts.

Assemblymember Bill Essayli, a Corona Republican, pointed to what he said was instruction from the state Department of Education to school districts that they shouldn’t inform parents about a child’s gender identity.

“I think this bill is everything that is wrong with our politics today,” Essayli said.

Essayli then referenced a bill of his that would have required parental notification if a student requested their gender be changed. That led Assembly Speaker Pro Tempore Jim Wood to call Essayli out of order.

The proceeding quickly devolved from there, with Essayli at one point saying he "was not prepared to address the Chinese Communist Party today."

Essayli repeatedly called for a vote, asking the Assembly to overturn Wood’s ruling him out of order. With his microphone cut off, Essayli shouted his comments. The Democratic supermajority in the chamber supported Wood’s rulings.

Wood called for a recess. When the Assembly resumed some 30 minutes later, tempers had cooled. Essayli was given another chance to speak.

According to Essayli, Ward’s bill stems from misinformation about school district policies on parental notification. He pointed to the policy of the Chino Valley Unified School District, which last year drew a lawsuit from the state attorney general. That district’s policy only calls for parental notification when a student requests a change in their records, like a name or gender change.

Other Republicans also spoke against the bill, arguing that parents must be included.

Assemblymember James Gallagher, a Yuba City Republican and Assembly minority leader, said the bill created a default: teachers are safe and parents aren’t.

“I think that there needs to be a continued discussion on this,” he added.

Assemblymember Joe Patterson, a Rocklin Republican, also argued that school district policies had been mischaracterized or, in some cases, lied about. He emphasized parents are only contacted once a student has requested a name or gender change in their records under those policies.

“It is not an outing policy,” Patterson added. “The student is already out. They’ve asked the school to call them by a different name.”

Democrats, some of them members of the Legislature’s LGBTQ caucus, supported the bill.

“My mother told me that she would disown me if I was gay when I was 7 years old,” said Assemblymember Evan Low, a Cupertino Democrat. He added a few moments later: “And if my mom is watching now, I’m sorry that I shared that. And now she marches with me in the pride parades. How far we’ve come.”

Low said that some people told members of the LGBTQ community during hearings on the bill that they weren’t normal and God hated them. He argued it is the state’s obligation to protect children.

Democrats surrounded Ward in support as he gave his closing arguments. He said forced outing policies have fractured communities, pointing to Chino Valley and saying the area had 1,200 calls to its youth mental health crisis phone line after its policy was enacted.

“LGBTQ students do not waive their right to privacy because they come out to some and not to others,” Ward said.

The bill now proceeds to Governor Gavin Newsom’s desk.

Categories / Civil Rights, Education, Government, Politics, Regional

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