Proposed gender identity measure does not qualify for ballot in California

SACRAMENTO, California – Californians will not vote this November on a policy that would require schools to notify parents if their children ask to change their gender identification.

Proponents of a ballot measure to create such a statewide policy announced Tuesday that they were unable to collect enough signatures to present the measure to voters this fall. They said this would have provided much-needed transparency to parents. But opponents said it could have threatened the safety of children who don’t live in foster families.

So-called parental notification policies have been a sticking point in some California school districts this year, leading to legal battles with the state.

Proponents of the measure sued Attorney General Rob Bonta over the title and summary he issued for the proposed ballot measure, arguing that it was biased and made it difficult to collect signatures. Bonta titled the initiative measure “Restricting the Rights of Transgender Youth,” but supporters wanted it changed to the “California Children’s Protection Act.” They also wanted the summary to be updated.

“While we are disappointed that we did not meet the threshold to qualify for the ballot, we are encouraged by the amount of support from all sectors of the state,” campaign organizer Jonathan Zachreson said in a statement.

The proposed initiative would also have prohibited transgender girls in grades 7 through college from participating in girls’ and women’s sports, as well as prohibiting gender-affirming surgeries for minors, with some exceptions.

The campaign gathered about 400,000 of the 546,651 signatures needed to be on the ballot, Zachreson said. Many of those signatures came from Southern California counties, including Los Angeles, Orange and Riverside, he said.

A Sacramento Superior Court judge sided with Bonta after a hearing last month, saying his description of the proposal was accurate. Supporters of the measure plan to appeal, Zachreson said. If they are successful, they hope it will allow them to reopen the signature-gathering process for another chance to vote.

In the state Legislature, lawmakers last week announced a bill that would prohibit school districts from adopting policies that require parents to be notified about a child’s sexual orientation or gender identity, with some exceptions, including if the safety of the student is at risk.

It’s part of a national debate about local school districts and the rights of parents and LGBTQ+ students. States across the country have sought to impose bans on gender-affirming care, ban trans athletes from girls’ and women’s sports, and require schools to “out” trans and non-binary students to their parents. Some lawmakers in other states have introduced bills into their legislatures with broad language requiring parents to be notified of any changes in their children’s emotional health or well-being.