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Colorado bill could strip parents of custody for misgendering their children
Colorado bill could strip parents of custody for misgendering their children

Yahoo

time09-04-2025

  • Politics
  • Yahoo

Colorado bill could strip parents of custody for misgendering their children

A bill in Colorado is making its way through the state legislature that would create legal grounds for the state to revoke custody of parents who misgender their children. The bill is called the Kelly Loving Act, named after a 40-year-old transgender man killed in the Club Q mass shooting in 2022. Its text states that 'deadnaming, misgendering or threatening to publish material related to an individual's gender-affirming health-care services' will be deemed 'coercive control' and will influence the court 'when making child custody decisions and determining the best interests of a child for purposes of parenting time.' If a child's parents are split between Colorado and another state, the bill adds that Colorado courts shall not enforce the other state's laws if they attempt to take the child away from the parent who is providing the child with 'gender-affirming care.' In short, if parents call their child by the wrong name or fail to use their preferred pronouns, they could be liable to lose custody. Canada pioneered this type of legislation before the U.S., and one notable case resulted in a father's six-month prison sentence and a $30,000 fine for misgendering his teenage daughter, as reported by the National Post. The man, who chose to remain anonymous, discussed his situation with political podcaster Matt Walsh in 2022. 'It's considered criminal violence to not use the preferred pronouns,' the man explained. 'It's no different, let's say, than if I were to take a broomstick and whack one of my kids over the head. So they were treating it in a similar fashion that misgendering, mispronouning my child was the equivalent of family violence.' More recently in 2024, California passed Assembly Bill 1955, prohibiting school districts from adopting policies that require teachers or administrators to tell anyone, including parents, when a student changes their gender identity. The president of the California Family Council, Jonathan Keller, called the new law 'a direct assault on the safety of children and the rights of their parents.' 'By allowing schools to withhold vital information from mothers and fathers, this bill undermines their fundamental role and places boys and girls in potential jeopardy,' he stated. On April 2, Colorado's Kelly Loving Act passed out of the state's House Judiciary Committee, with the vote falling along party lines, 7-4. On Sunday, the bill passed in the state House and is headed to the Colorado Senate. Currently, Democrats hold a 23-12 majority, and if it clears it will move to be signed into law by Gov. Jared Polis. Colin Wright, the academic adviser for the Society for Evidence-based Gender Medicine, believes Polis is likely to sign the legislation into law based on previous bills he's pushed through. In 2019, Polis signed HB19-1039, which simplified the process to update the gender marker on birth certificates without requiring surgical transition, a court order or a doctor's note. The same year, Polis also signed HB19-1129, which prohibited state-licensed mental health care providers from engaging in conversion therapy practices with minors. Conversion therapy aims to change a person's orientation or gender identity from gay or transgender to straight or cisgender. The British Department of Equality, Rights and Citizenship defined conversion therapy as 'any efforts to change, modify or suppress a person's sexual orientation or gender identity regardless of whether it takes place in a health care, religious or other setting.'

U.S. Dept. of Education investigating California over gender identity privacy law
U.S. Dept. of Education investigating California over gender identity privacy law

Yahoo

time28-03-2025

  • Politics
  • Yahoo

U.S. Dept. of Education investigating California over gender identity privacy law

SACRAMENTO, Calif. - The U.S. Department of Education is going after California over gender identity policies in schools. The agency announced an investigation into California's Department of Education (CDE) Thursday, alleging the state violated the Family Educational Rights Privacy Act, or FERPA, the federal law that protects students' education records and gives parents the right to access and control them. California's Assembly Bill 1955, which went into effect at the beginning of the year, prevents schools, districts, and similar educational offices from implementing or enforcing policies or rules that require employees to share information about a student's sexual orientation or gender identity and expression with any person, including parents, without the student's consent, with few exceptions. The federal government said numerous educational districts and agencies across California are possibly violating FERPA "to socially transition children at school while hiding minors' 'gender identity' from parents." U.S. Secretary of Education Linda McMahon says these actions violate FERPA because parents are reportedly not being informed about students' gender identities, which may be discussed during the school day. Federal officials said they're concerned California's Department of Education is playing a role, either directly or indirectly, in these alleged violations because of the number of local education agencies allegedly violating FERPA. What they're saying "Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one," McMahon said in a statement. "It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student's well-being from parents and guardians." The other side KTVU reached out to CDE officials about the investigation. While a response has yet to be received, State Superintendent of Public Instruction Tony Thurmond has previously affirmed continued protections for students based on gender, gender expression, gender identity, and sexual orientation. "In California, 'all' still means all. While the Trump Education Department announced that they will no longer protect all students from discrimination, California law is unaffected by recent changes to federal policy and continues to provide safeguards against discrimination and harassment based on gender, gender expression, gender identity, and sexual orientation," Thurmond said in response to a "Dear Colleague" letter, an open letter sent from a federal official to make statements on bills. The letter was sent on Jan. 31 by the U.S. Department of Education. Thurmond said the federal government was taking a backward step on protections guaranteed by Title IX, a federal civil rights law that protects against discrimination based on sex. "While federal guidance devolves, our commitment to safeguarding the rights of all students persists," Thurmond said. The Source U.S. Department of Education statement, Assembly Bill 1955, CA Superintendent Tony Thurmond's response to "Dear Colleague" letter

White House investigates CA Department of Education over law on students' gender identity
White House investigates CA Department of Education over law on students' gender identity

CBS News

time28-03-2025

  • Politics
  • CBS News

White House investigates CA Department of Education over law on students' gender identity

The Trump Administration announced an investigation Thursday into the California Department of Education over a state law that bans teachers and other school staff from being required to disclose a child's gender identity to their parents. Assembly Bill 1955 prohibits any educational institutions funded by the state of California — school districts, county offices of education, charter schools and other individual campuses — from enacting or enforcing rules which require staff to disclose a student's "sexual orientation, gender identity, or gender expression to any other person without the pupil's consent." That includes the child's parents, a mandate lawmakers behind the bill say serves to protect these students from "forced outing" policies. Staff cannot be required to make such disclosures to parents without an official records request or without the student's consent. The law, also called the Support Academic Futures and Educators for Today's Youth Act, or SAFETY Act, went into effect on Jan. 1 after being signed into law by Gov. Gavin Newsom last July. But the law has drawn the attention of the U.S. Department of Education's Student Privacy Policy Office , a division of the federal agency tasked with managing its privacy program including the enforcement of student privacy laws. In a statement Thursday, federal education officials said the California law could be violating the Family Educational Rights Privacy Act ( FERPA ). That federal law ensures parents have the right to access their children's education records as well as "the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records." Those rights are transferred over to a student once they turn 18 or enter a postsecondary education institution. "Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one," said Secretary of Education Linda McMahon, the former wrestling executive President Trump announced as his pick within days of the election. The California law in question does not call on, or require, teachers or staff to advise students on their gender or sexual identity. Rather, it prohibits these employees from being legally required to disclose that information to a child's parents or anyone else. The governor's office responded to the Department of Education's investigation with a statement Thursday. "Parents continue to have full, guaranteed access to their student's education records, as required by federal law," Elana Ross, a spokesperson for the governor's office, said in a statement to CBS News Los Angeles. "If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed." Under California law, minors cannot legally change their names or gender with parental consent. Democratic Assemblymember Chris Ward, chair of the California Legislative LGBTQ Caucus, introduced the law in May of last year, releasing a statement at the time saying that more than a dozen school districts have proposed or passed policies since 2023 requiring students' gender identity or sexual orientation to be disclosed — or outed — to their parents. "Parents should be talking to their children, and the decision for a student to come out to their family members should be on their own terms," Ward said in the statement . "The SAFETY Act simply ensures that conversations about gender identity and sexuality happen at home without interference from others outside of the family unit." Within days of signing the bill into law last year, Gov. Newsom was sued by the Chino Valley Unified School District in Southern California and eight parents who alleged it violated their rights to freedom of religion under the First Amendment. Secretary McMahon sent a letter to Newsom Thursday calling on him to repeal the law while also threatening federal funding cuts in connection with that issue and others involving LGBTQ students, according to The Hill , which obtained a copy of the letter. McMahon's appointment was confirmed by the Senate earlier this month. In the weeks since, the Department of Education has announced it will cut its workforce by nearly 50% and the president signed an executive order to begin dismantling the department. "We're going to eliminate it, and everybody knows it's right," he said upon signing the order on March 20. "We're not doing well with the world of education in this country, and we haven't for a long time."

California under investigation by Trump admin for allegedly hiding 'gender identity' of kids
California under investigation by Trump admin for allegedly hiding 'gender identity' of kids

Yahoo

time27-03-2025

  • Politics
  • Yahoo

California under investigation by Trump admin for allegedly hiding 'gender identity' of kids

The U.S. Department of Education launched an investigation of the California Department of Education over alleged violations of the Family Educational Rights Privacy Act (FERPA) after a new California law went into effect that bars schools from disclosing a child's "gender identity" to their parents. FERPA ensures parents have the right to access their children's educational information, and the Trump administration says that includes interactions with school employees pertaining to gender identity and mental health. "Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one," Education Secretary Linda McMahon said in a statement. "It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student's well-being from parents and guardians." Maine Universities Agree To Keep Transgender Athletes Out Of Women's Sports After Trump Admin Pauses Funding California Gov. Gavin Newsom spokesperson Elana Ross told Fox News Digital in a statement Thursday that "Parents continue to have full, guaranteed access to their student's education records, as required by federal law." Read On The Fox News App "If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed," Ross said. Newsom signed Assembly Bill 1955 into law last year, which prohibits school districts, county offices of education, charter schools, and state special schools from adopting or enforcing policies that require employees or contractors to disclose information related to a student's sexual orientation, gender identity, or gender expression without the student's consent, unless otherwise mandated by law. Newsom's office argues the bill strengthens California's existing protections against "forced outings" of students in schools and ensures that teachers and staff do not interfere with parent-child relationships. The administration previously sued the Chino Valley Unified School District in August 2023 concerning its policy that mandates parental notification when a student changes gender identification or pronouns. On Thursday, McMahon separately sent a warning to Newsom to comply with federal law barring transgender athletes from competing in women's sports. The warning and investigation comes after California made itself the first "sanctuary" state in the nation for transgender minors and has engaged in a multiyear battle with local school districts over their notification policies. "Allowing participation in sex-separated activities based on 'gender identity' places schools at risk of Title IX violations and loss of federal funding. As Governor, you have a duty to inform California school districts of this risk," McMahon wrote in the letter. "As Secretary of Education, I am officially asking you to inform this Department whether you will remind schools in California to comply with federal law by protecting sex-separated spaces and activities. I am also officially asking you to publicly assure parents that California teachers will not facilitate the fantasy of 'gender transitions' for their children." Jasmine Crockett Dismisses Americans Impacted By Trans Athletes In Women's And Girls' Sports In a viral clip of a nearly-hour-and-a-half-long episode earlier this month, Newsom conceded to Truning Point USA founder Charlie Kirk that it is "deeply unfair" to have biological males compete against female athletes. However, he would not condemn a trans athlete in his own state who crushed female track competitors in the long jump. Kirk shared the letter on X and praised the secretary for "holding [Newsom] and the state of California accountable." TPUSA contributor Riley Gaines, who famously competed against transgender swimmer Lia Thomas, praised McMahon for issuing the warning. Gaines challenged Newsom to take action saying, "Time to put your money where your mouth is." Newsom's 'Unfair' Remark On Girls' Sports Belies Record As Governor: 'Absolute Bulls---' On Feb. 5, President Donald Trump issued an executive order barring trans athletes from competing in women's sports. "In recent years, many educational institutions and athletic associations have allowed men to compete in women's sports. This is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports," the order reads. This followed an executive order that Trump signed on his first day in office, which made it federal policy that the government only recognizes two genders. This was a major shift from the Biden administration, which was open about its pro-trans stance, and even had former President Joe Biden sit down for an interview with trans influencer Dylan article source: California under investigation by Trump admin for allegedly hiding 'gender identity' of kids

California under investigation by Trump admin for allegedly hiding 'gender identity' of kids
California under investigation by Trump admin for allegedly hiding 'gender identity' of kids

Fox News

time27-03-2025

  • Politics
  • Fox News

California under investigation by Trump admin for allegedly hiding 'gender identity' of kids

The U.S. Department of Education launched an investigation of the California Department of Education over alleged violations of the Family Educational Rights Privacy Act (FERPA) after a new California law went into effect that bars schools from disclosing a child's "gender identity" to their parents. FERPA ensures parents have the right to access their children's educational information, and the Trump administration says that includes interactions with school employees pertaining to gender identity and mental health. "Teachers and school counselors should not be in the business of advising minors entrusted to their care on consequential decisions about their sexual identity and mental health. That responsibility and privilege lies with a parent or trusted loved one," Education Secretary Linda McMahon said in a statement. "It is not only immoral but also potentially in contradiction with federal law for California schools to hide crucial information about a student's well-being from parents and guardians." California Gov. Gavin Newsom spokesperson Elana Ross told Fox News Digital in a statement Thursday that "Parents continue to have full, guaranteed access to their student's education records, as required by federal law." "If the U.S. Department of Education still had staff, this would be a quick investigation — all they would need to do is read the law the Governor signed," Ross said. Newsom signed Assembly Bill 1955 into law last year, which prohibits school districts, county offices of education, charter schools, and state special schools from adopting or enforcing policies that require employees or contractors to disclose information related to a student's sexual orientation, gender identity, or gender expression without the student's consent, unless otherwise mandated by law. Newsom's office argues the bill strengthens California's existing protections against "forced outings" of students in schools and ensures that teachers and staff do not interfere with parent-child relationships. The administration previously sued the Chino Valley Unified School District in August 2023 concerning its policy that mandates parental notification when a student changes gender identification or pronouns. On Thursday, McMahon separately sent a warning to Newsom to comply with federal law barring transgender athletes from competing in women's sports. The warning and investigation comes after California made itself the first "sanctuary" state in the nation for transgender minors and has engaged in a multiyear battle with local school districts over their notification policies. "Allowing participation in sex-separated activities based on 'gender identity' places schools at risk of Title IX violations and loss of federal funding. As Governor, you have a duty to inform California school districts of this risk," McMahon wrote in the letter. "As Secretary of Education, I am officially asking you to inform this Department whether you will remind schools in California to comply with federal law by protecting sex-separated spaces and activities. I am also officially asking you to publicly assure parents that California teachers will not facilitate the fantasy of 'gender transitions' for their children." In a viral clip of a nearly-hour-and-a-half-long episode earlier this month, Newsom conceded to Truning Point USA founder Charlie Kirk that it is "deeply unfair" to have biological males compete against female athletes. However, he would not condemn a trans athlete in his own state who crushed female track competitors in the long jump. Kirk shared the letter on X and praised the secretary for "holding [Newsom] and the state of California accountable." TPUSA contributor Riley Gaines, who famously competed against transgender swimmer Lia Thomas, praised McMahon for issuing the warning. Gaines challenged Newsom to take action saying, "Time to put your money where your mouth is." On Feb. 5, President Donald Trump issued an executive order barring trans athletes from competing in women's sports. "In recent years, many educational institutions and athletic associations have allowed men to compete in women's sports. This is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports," the order reads. This followed an executive order that Trump signed on his first day in office, which made it federal policy that the government only recognizes two genders. This was a major shift from the Biden administration, which was open about its pro-trans stance, and even had former President Joe Biden sit down for an interview with trans influencer Dylan Mulvaney.

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