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Transgender Issues in Private School Settings

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1 Transgender Issues in Private School Settings
Restroom use Transcripts Sports Participation Other issues… Jon Daggett Hiroshima Lewis & Daggett

2 Pop Quiz: What is: LGBTQQIAAP+2S

3 LGBTQQIAAP+2S -Per pro LGBT… website
Lesbian: Women attracted to women Gay: Men attracted to men. Bisexual: People attracted to both sexes. Transgendered: People who are the opposite sex internally than the body they are born into. Queer: People who don’t want to label themselves by their sex acts but do want to claim being different, eccentric, and fabulous. Reclaimed from hate term, Queer can still be highly offensive, depending on usage. Questioning: People who are still working out who they are attracted to.

4 LGBTQQIAAP+2S – cont. Intersex: People born into bodies that are not clearly, or only, male or female; hermaphrodites. Asexual: People who just aren’t that into sex with anybody. Allies: Straight people who support the LGBT… community. Pansexual: People attracted to others by individual personality, not gender. 2S: (Added in Canada to respect a non-European category.) Two-spirit: The visionaries and healers of aboriginal communities, the gay and lesbian shamans.

5 By the numbers… Per Williams Institute of UCLA School of Law study in 2011: 10% LGBT? - Probably not. Not scientifically based. Rather, it was political: “Large enough that it made a difference, but not so large that it overly threatened people.” - Gary J. Gates, Williams Institute, NPR interview with Judy Bradford 6/8/11 Lesbian or Gay – 1.7% Bisexual – 1.8% Transgender - .3% Total: % of American adults identify as LGBT

6 So why are we talking about it?
Incredible success of the lesbian and gay movement. (Admirable?) Now knocking on our doors. Prepare yourself – you are a bigot. If you don’t feel like it now, you will soon. We are seeing the legal results that are being achieved by the movement and the attempts to curtail the rights of religious organizations are already here – more on that coming up.

7 Definition of Transgender - Per American Psychological Association
“Transgender is an umbrella term for persons whose gender identity, gender expression, or behavior does not conform to that typically associated with the sex to which they were assigned at birth. Gender identity refers to a person’s internal sense of being male, female, or something else; gender expression refers to the way a person communicates gender identity to others through behavior, clothing, hairstyles, voice, or body characteristics. …not everyone whose appearance or behavior is gender-nonconforming will identify as a transgender person.” - 11/19/13

8 SDA Official Statement on Homosexuality
Key components boiled down: Every human being is valuable in the sight of God and the church seeks to minister to all. Sexual intimacy belongs only within the marital relationship of a man and a woman. Sexual acts outside of heterosexual marriage are forbidden. Adventists are opposed to homosexual practices and relationships. Jesus reached out compassionately to persons suffering the consequences of sin. He offered caring ministry while differentiating His love for sinners from His clear teaching about sinful practices. As His disciples, Adventists endeavor to follow the Lord’s instruction and example. Read the whole statement and understand it. Agree or not, this is the church’s position on homosexuality. While silent on transgendered, it provides some useful guidance.

9 Brief Overview of Private School Law and Rights
Most of the California Education Code does not apply unless specifically made applicable by reference. It is all about the contract! Employees – Ed Code, conference and school policies… Students/Parents – the Handbook and other school policies and rules. Private school can discriminate on the basis of religious grounds, both in employment and enrollment. Doe v. Cal Lutheran case – not government funded and not a public accommodation. With regard to employment, FEHA exemptions , no coverage under Title VII for same sex issues. These rights

10 ENDA Employment Non-Discrimination Act
Passed the U.S. Senate, awaits House consideration. Would prohibit discrimination in hiring and employment on the basis of sexual orientation and gender identity by employers with at least 15 employees. Religious exemption is weak and highly criticized by both sides.



13 From the comments… Composerudin, Allentown, NJ 08501
How is it that we're supposed to respect and admire so-called "Faith-Based Institutions" (translation: Religions) when they are so often seen as legitimizing discrimination, bigotry, and profoundly hurtful actions? Imagine being the principle care-giver to your gay partner as he lies in Intensive Care (as I was), and having at the same time to deal with hospital employees who declined to deal with us on the basis of this sort of "religious exemption". Fortunately, we never encountered any such treatment, for which I am profoundly grateful.

14 California AB 1266 Adds section (f) to the CA Education Code:
“(f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.” i.e., regardless of apparent gender, a student can identify as any gender and use the bathrooms and play on the teams consistent with that gender identity. Takes effect 1/1/14. Does not apply to private schools. Currently subject to ballot referendum Concerns: obvious, dudes in the ladies’ room, locker room, shower. No standards, guidelines, or rules. Pretty much the whim of the student. No medical or historical requirements. Feel like a lady today? Good to go! Polling indicates it would be soundly defeated by voters. Doesn’t respect the privacy of the other 99.7%. State currently validating signatures. If enough (505,000) then it will be on the 11/14 ballot and AB1266 suspended until then.

15 CIF Rules Bylaw 300 D. (approved 11/1/12) Article 22
“All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records.” Article 22 All public and private school members must abide by CIF rules and regulations. A member school may be suspended, fined, or otherwise penalized for a violation.

16 CIF Guidelines for Gender Identity Participation
More substantial than AB1266 in its requirements. Guidelines: Notice to the school by student/parents that student has a “consistent gender identity different” from the records. Notice to CIF from school. CIF will assign facilitator to assist in eligibility appeal process.

17 CIF Guidelines, cont. First Level:
Hearing before eligibility committee, Committee must include a minimum of 3 of the following, one of whom must be from the physican or mental health category: Physician with experience in gender identity care; Psychiatrist, psychologist or licsensed mental health professional familiar with transgender heath standards of care; School administrator from third-party school; CIF staff member; Advocate familiar with Gender Identity and Expression issues

18 CIF Guidelines, cont. Documentation student should provide:
Current transcript and school registration info. Documentation of student’s consistent gender identification (e.g., affirmed written statements from student and/or parent/guardian and/or health care provider). Any other pertinent documentation information.

19 CIF Guidelines, cont. Second Level:
If adverse opinion from committee, the student can appeal to Executive Director of CIF Hearing to be held and if confirmation of a student’s consistent gender identity is made, the student’s eligibility will be affirmed. CIF will facilitate the provision of resources and training for a member school seeking assistance regarding gender identity.

20 CIF Guidelines, cont. Unlawful under AB1266? (Too restrictive?) What about bathroom, locker room, and shower use? - Separate but equal? - Accommodations for private religious schools?

21 Transcripts Not much legal guidance: Best practices:
While minor in school, transcript should reflect gender assigned at birth and legal name. After majority? Change upon request? Change upon legal sex change? Consistent policy would be helpful.

22 Discussion: Transgender issues? Issues regarding homosexual students?
Restrooms, Sports Participation, Transcripts Issues regarding homosexual students? Discrimination laws applicable to your school? Other inquiries?

23 Jon Daggett Hiroshima Lewis & Daggett
Thank you. Jon Daggett Hiroshima Lewis & Daggett

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