Two teachers at Rincon Middle School in California are suing the Escondido Union School District for requiring them to use transgender students’ pronouns without parental consent. The district policy, following California state guidelines, aims to protect trans students’ privacy unless they provide consent or when necessary for their well-being. The teachers argue that this policy violates their constitutional rights to free speech and religious expression.
Elizabeth Mirabelli and Lori Ann West, the plaintiffs in the case, claim that the district’s policy forces them to lie and participate in deception. They argue that it is their sincerely held religious belief that God made people innately and permanently male or female, and that it is their right to exercise their own religious beliefs. The lawsuit refers to trans students as “gender-confused children.”
The teachers’ attorney, Paul Jonna, who works for a firm that often collaborates with the right-wing anti-abortion legal organization Thomas More Society, argues that the policy violates the teachers’ religious freedom. He asserts that outing a transgender student to their parents can lead to abuse and even homelessness for the child. However, trans rights advocates argue that disclosing a student’s gender identity to their parents without their consent can also lead to harm and discrimination.
The lawsuit raises questions about the balance between protecting students’ privacy and ensuring their safety, as well as the intersection of religious beliefs and LGBTQ rights. LGBTQ advocates argue that using a student’s preferred pronouns is a basic element of respecting their identity and reducing the harm of discrimination. The district’s superintendent, Luis Rankins-Ibarra, stated that the district observes all federal and state laws and is committed to providing a safe and positive environment for all students.
While this case focuses on the district’s policy in California, it also highlights a broader debate about transgender rights and religious freedom that is playing out in other parts of the country. Several states have proposed or passed legislation that would restrict transgender people’s access to healthcare, sports, and public accommodations, citing religious or moral objections. Trans rights advocates argue that these policies are discriminatory and harmful to trans people’s well-being and safety. As the debate continues, advocates on both sides will likely continue to pursue legal challenges and advocacy efforts to advance their respective agendas.