I know the Supreme Court ruling today (WEST VIRGINIA ET AL. v. B. P. J., BY HER NEXT
FRIEND AND MOTHER, HEATHER JACKSON) is really scary for LGBTQIA+ families and their allies. As a non attorney advocate who specializes in intersectional advocacy, every day in my work I know and see the very real children rulings like this harm and the pain these rulings cause.
However, 𝐰𝐞 𝐡𝐚𝐯𝐞 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧𝐬 𝐢𝐧 𝐂𝐀 𝐚𝐧𝐝 𝐓𝐇𝐄𝐘 𝐒𝐓𝐈𝐋𝐋 𝐀𝐏𝐏𝐋𝐘.
It is important to know that this ruling does not mandate states to ban trans students from playing on sports team that align with their gender identity. States have the right to have legislation in place that allows trans students the freedom to fully participate in their school community as their authentic selves. What the ruling does is it allows states who are banning students from playing in sports teams/events that align with their gender identity, to move forward with that ban – and we have a lot of work to do to fight those bans in those states. Don’t obey in advance. Fight in those states for state legislation that ensures that LGBTQIA+ students are able to fully access their education free of harm and discrimination.
𝐂𝐀 𝐢𝐬 𝐍𝐎𝐓 𝐨𝐧𝐞 𝐨𝐟 𝐭𝐡𝐞 𝐬𝐭𝐚𝐭𝐞𝐬 𝐰𝐢𝐭𝐡 𝐬𝐮𝐜𝐡 𝐚 𝐛𝐚𝐧. In fact, CA has protections in place that ensure LGBTQIA+ students are protected in their ability to participate in their education and school community in alignment with their gender identity.
𝐑𝐞𝐦𝐞𝐦𝐛𝐞𝐫: 𝐃𝐨 𝐧𝐨𝐭 𝐨𝐛𝐞𝐲 𝐢𝐧 𝐚𝐝𝐯𝐚𝐧𝐜𝐞. You have the ability and power to advocate directly in your district for your school board to adopt a Gender Equity and Access (BP and AR 5157) policy like the one I helped write with my superintendent at the time. This policy can be duplicated by any school district. There is no need to reinvent the wheel, so please use it.
𝐓𝐨 𝐛𝐞𝐭𝐭𝐞𝐫 𝐮𝐧𝐝𝐞𝐫𝐬𝐭𝐚𝐧𝐝 𝐭𝐡𝐞 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧𝐬 𝐢𝐧 𝐩𝐥𝐚𝐜𝐞 𝐢𝐧 𝐂𝐀 𝐟𝐨𝐫 𝐋𝐆𝐁𝐓𝐐𝐈𝐀+ 𝐬𝐭𝐮𝐝𝐞𝐧𝐭𝐬, 𝐈 𝐰𝐢𝐥𝐥 𝐥𝐢𝐬𝐭 𝐚𝐧𝐝 𝐥𝐢𝐧𝐤 𝐭𝐡𝐞𝐦 𝐡𝐞𝐫𝐞:
𝗧𝗵𝗲 𝗦𝗔𝗙𝗘𝗧𝗬 𝗔𝗰𝘁 (Support Academic Futures and Equality for Today’s Youth) AB 1955 which went into effect on 1/1/25.
𝗧𝗵𝗲 𝗙𝗔𝗜𝗥 𝗘𝗱𝘂𝗰𝗮𝘁𝗶𝗼𝗻 𝗔𝗰𝘁, which includes expanded language that ensures the inclusion of LGBTQIA+ Americans and their historical contributions. This was approved by the governor in 2019.
𝗧𝗵𝗲 𝗖𝗮𝗹𝗶𝗳𝗼𝗿𝗻𝗶𝗮 𝗛𝗲𝗮𝗹𝘁𝗵𝘆 𝗬𝗼𝘂𝘁𝗵 𝗔𝗰𝘁, which ensures that sexual health education is inclusive and ensures that LGBTQIA+ people are included in discussions about relationships, couples and must also include exploring the harm of negative gender stereotypes. This has been in place since 2016.
Students who belong to protected classes (race, gender, disability, lack of housing, multilingual learners) have the RIGHT to attend school and feel safe and welcome. They should always have the ability to be their authentic selves and be supported and cared for in their learning environment.
I will continue to stand on business when I say: If your advocacy is not intersectional, then you are not advocating. A skilled advocate, a real advocate, understand that a child’s access to FAPE ensures they are able to attend school free of harm, discrimination and harassment while maintaining their ability to be their authentic selves.
