Attorney General Bonta Files Amicus Brief in Support of Skaneateles Central School District’s Policy Safeguarding the Rights and Safety of Transgender and Gender-Nonconforming Students

OAKLAND — California Attorney General Rob Bonta yesterday, as part of a multistate coalition of 13 attorneys general, filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in support of Skaneateles Central School District and its local school district policy safeguarding the privacy and safety of transgender and gender-nonconforming students. The plaintiff in Vitsaxaki v. Skaneateles Central School District a lawsuit challenging the school district’s policy of using a student’s chosen name and gender pronouns in school. The Northern District of New York granted the district’s motion to dismiss the complaint. This decision was subsequentially appealed by the plaintiff to the Second Circuit. In their brief, the attorneys general urge the Second Circuit to affirm the district court’s decision to dismiss the plaintiff’s challenge.

“School districts have a fundamental responsibility to ensure that all students — including transgender and gender-nonconforming students — have access to education free from discrimination, harassment, and intimidation,” said Attorney General Bonta. “Our amicus brief underscores our commitment to safeguarding the rights and safety of all students regardless of their gender identity.”

Attorney General Bonta and the multistate coalition have a strong interest in protecting the legal rights, physical safety, and mental health of children in schools, and in protecting them from trauma, harassment, bullying, and exposure to violence and threats of violence. Research shows that protecting a transgender student’s ability to make choices about how and when to inform others is critical to their well-being, as transgender students are exposed to high levels of harassment and mistreatment at school and in their communities.

In the amicus brief, the coalition urges the Second Circuit Court of Appeals to affirm the district court’s decision, arguing that:

• The school district’s policy protects against the unnecessary disclosure of a student’s gender identity and provides for disclosure under limited circumstances in a manner that ensures a safe and supportive environment for students.
• The plaintiffs’ rigid free exercise and due process framework undermines the state’s interest in making schools safe and supportive for students.
• States have an interest in making schools safe and supportive for all students, including transgender and gender nonconforming students.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of New York, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the District of Columbia.

A copy of the amicus brief is available here.