The Court has already determined [the school district's policies] are discriminatory on their face and subject to strict scrutiny. The District could have adopted a policy which focused on the existing problems (bullying, mental health, psychological distress, any drastic behavior changes, etc.) instead of focusing on the protected group.
LGBTQ+ students across California can breathe a sigh of relief now that the first-of-its-kind law was passed, one LGBTQ+ org said.
The District could have also similarly adopted a gender-neutral policy that requires disclosure for participation in any type of extracurricular activity or athletic program while addressing concerns related to the participation (e.g.. the size of the child) instead of focusing on the individual's gender or gender expression.
Sachs argued that the specific policies enacted by Chino Valley Unified that out trans youth are inherently discriminatory. His argument drew from prior case law to determine how to best enforce California's recently enacted law forbidding such outings.
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