By Vanguard Staff
OAKLAND, CA – California Attorney General Rob Bonta has joined a coalition of 13 attorneys general in filing an amicus brief urging the U.S. Court of Appeals for the Second Circuit to uphold a New York school district’s policy that protects the rights and privacy of transgender and gender-nonconforming students.
The brief, filed in Vitsaxaki v. Skaneateles Central School District, supports the school district’s decision to honor a student’s request to be addressed by their chosen name and pronouns without requiring prior notification or consent from the student’s parent. The U.S. District Court for the Northern District of New York previously dismissed the plaintiff’s challenge, and the decision is now on appeal.
“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 in a press statement. “Our amicus brief underscores our commitment to safeguarding the rights and safety of all students regardless of their gender identity.”
According to the amicus brief, the states have a strong interest in ensuring that public schools are safe, inclusive, and supportive environments for all students. “Safe school environments benefit all students and enrich amici States as a whole,” the brief states. “For transgender and gender-nonconforming students in particular, who are often subject to discrimination, harassment, and bullying, an affirming school environment improves learning and overall well-being.”
The lawsuit was filed by a parent who alleged that the school violated her constitutional rights by respecting her child’s chosen name and pronouns at school without informing her. The plaintiff argued that the policy interfered with her parental rights and religious beliefs. In response, the amici argue that a categorical requirement for parental notification could endanger students and infringe upon schools’ ability to create safe learning spaces.
“A school’s topmost concern should always be protecting the health and safety of the student, assuring that the student’s gender identity is affirmed and that their privacy and confidentiality are safely maintained,” the brief continues. “Only the student knows whether it is safe to share their identity with caregivers.”
The amicus brief cites substantial research indicating that transgender students face disproportionately high levels of harassment, rejection, and mental health challenges. According to a 2024 national survey by The Trevor Project, 46 percent of transgender and nonbinary youth reported seriously considering suicide in the previous year. Data submitted in the brief show that transgender youth with access to affirming environments—including educators who use their chosen name and pronouns—report significantly lower rates of depression and suicidal ideation.
“Respecting students’ gender identity is not a form of coercive instruction or medical intervention,” the attorneys general wrote. “Rather, it is a recognition of students’ rights to dignity and safety in their daily lives at school.”
The brief also rebuts claims that such policies violate parental rights or free exercise protections. “Policies like the School District’s ‘operate more like a civility code,’ honoring students’ choices so that they are ‘called the name they ask to be called,’” the brief states, quoting the district court decision.
The coalition warns that adopting the plaintiff’s rigid legal framework would have chilling effects on student-teacher relationships and jeopardize the ability of school personnel to respond appropriately to students in crisis. “The Constitution requires no such rigid rule,” the brief asserts.
In joining the brief, Bonta is joined by attorneys general from New York, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Vermont, Washington, and the District of Columbia. Together, the attorneys general ask the court to affirm the district court’s decision and uphold the ability of school districts to adopt inclusive policies that prioritize student safety and well-being.
