After a chaotic debate filled with shouting and tears in the Legislature, California lawmakers on Thursday introduced a bill to Gov. Gavin Newsom that would ban schools from requiring teachers to notify parents about a student's change of gender identity.
The bill passed 61-16 after a lengthy and emotional debate between Democrats, who said it was necessary to protect LGBTQ+ youth, and Republicans, who said it would infringe on student-parent relationships.
AB 1955, by Rep. Christopher M. Ward (D-San Diego), would prevent teachers from retaliating against them for supporting the rights of transgender students and would ban school policies that require “mandatory disclosure” of a young person's gender decision to their family.
The bill responds to a series of conservative-backed school board policies that require parents to be notified if their child changes their name or pronouns, or if a student requests to use a facility or participate in a program that does not match the gender on their official record.
Implementation of those policies has been held up in court, but Democrats said Thursday the legislation is needed to protect transgender elementary, middle and high school students who may not feel comfortable coming out to their parents at home. They said: High rates of bullying and suicide Of transgender youth.
“A teacher's job is not to police gender. Teachers want to teach and they want to provide a safe and supportive environment so students can thrive,” a tearful Ward said on the floor of the House, surrounded by Democratic colleagues who support the bill. “There is nothing in this bill that has to do with parent-child relationships.”
The vote came over fierce opposition from Rep. Bill Essari (R-Corona), who opposed the bill over “parental rights” concerns and accused Democrats of fear-mongering.
Assembly Speaker Pro Tempore Jim Wood (D-Healdsburg) repeatedly cut off Essari's microphone during the debate, ruling that he had “violated the terms of the legislative process” by talking about other bills while testifying against AB 1955 and “showing contempt for the Legislature.”
“I'm sick of you bothering me,” Essari told Wood.
Essari fought back by likening the state Democratic Party to the “Chinese Communist Party” and trying to block his Democratic colleagues from testifying.
Debate on the floor was halted for several procedural votes necessary to cut Esaeli's time, and the Democratic caucus ultimately paused voting and took a recess after Rep. Corey Jackson (D-Perris) was physically restrained by his colleagues from confronting Esaeli on the floor.
“My mind went blank. I lost my mind,” Jackson told the Times. “I sometimes feel like my Republican colleagues don't understand that some of these bills aren't about policy. This is about acknowledging the humanity of people. So, of course, it's personal.”
Jackson apologized for causing trouble to his fellow lawmakers and said he did not speak to Esaeli about the incident.
“We stand with you. We don't want anyone to be bullied or harmed or erased or anything like that,” Essari said after he was finally allowed to speak on the floor about the bill. “When a child is going through this, it's a very difficult and emotional time…. We believe that the government, the schools, have absolutely no authority to hide information from parents.”
Several members of the California LGBTQ Legislature spoke in support of the bill, including about their own experiences coming out and dealing with unsupportive family members.
State Rep. Lori D. Wilson (D-Suisun City) said it was a teacher who told her child he was transgender, and she said she was “disappointed” in the teacher's decision.
“If my teacher had told my parents, I don't know if I would have survived that day because there was that level of abuse in my home,” Wilson said. “Age doesn't matter. It's a personal decision.”
Once the bill, which passed the Senate 29-8, officially reaches Governor Newsom's desk, he has 12 days to decide whether to sign it or veto it.
The Democratic governor is a staunch LGBTQ+ advocate, and in 2022 he signed a bill designating California as a sanctuary for transgender children and their families seeking medical care and assistance they can't get in Republican-leaning states.
But he shocked LGBTQ+ advocates last year when he vetoed a bill that would have required judges in custody battles to consider parents' support for their child's gender identity. In his veto, he said he urged caution when “the executive and legislative branches of state government seek to dictate the legal standard that the judiciary must apply in prescriptive language that singles out a single characteristic.”
Governor Newsom typically does not comment on pending bills.
When asked about the issue last year, he told The Times that he understood parents' concerns, but that the school board's policy was being used by Republicans as an excuse to “bully” the LGBTQ+ community.
The governor, a father of four, said he would “draw the line” at requiring teachers to “come out” to students.
“I take very seriously the work that I do at home as a parent to meet the needs of my children, and I honestly don't expect teachers to take over for me as a parent,” Newsom said in November. “I want teachers to teach my kids, I want them to be kept safe, I want them to feel included and not ostracized.”