The city of Huntington Beach is set to file a lawsuit against California’s “unconstitutional” law requiring school districts to hide students’ gender identity from their parents, the city’s attorney tells The Daily Signal.
The Southern California beach community’s City Council passed an ordinance Tuesday night establishing itself as a “Parents’ Right to Know” city. The ordinance allows Huntington Beach city attorney Michael Gates to challenge Assembly Bill 1955, which Democratic Gov. Gavin Newsom signed into law in mid-July.
AB 1955 overrules any school board policies that require transparency with parents about their child’s sexual orientation or gender identity. In response, the Huntington Beach’s ordinance prohibits educators from hiding information about students’ sexual orientation or gender identity from parents.
“It sends a signal to our community in Huntington Beach of 200,000 residents that we are a ‘Parents’ Right to Know’ city, and that educators should not interfere in the parent-child relationship,” Gates told The Daily Signal.
Gates invited parents aggrieved by AB 1955 to approach the city about teaming up for its lawsuit against California over the state statute.
“We are going to do everything in our power to protect our parents and our children and our city,” Gates said, “because the state has really run afoul of the law and its policies, and has been overreaching beyond constitutional bounds for years, and it’s about time that somebody or someone stands up against the state.”
Huntington Beach is a charter city, meaning the California Constitution authorizes it to govern itself on municipal affairs. The ordinance argues that the protection of parents and children is a perfect example of a municipal matter, as it concerns the rights of Huntington Beach parents.
“The people of Huntington Beach have a right to govern Huntington Beach municipal affairs and challenge the State’s attempt to assert authority of municipal affairs,” the ordinance reads.
As a charter city, Huntington Beach has “an interest in protecting the people of the city, including protecting the parents and the children of the city from the state’s unconstitutional interference,” Gates said.
The “Right to Know” ordinance “maintains the status quo,” Gates said. “In other words, it puts back the relationship that existed prior to AB 1955. The city recognizes [AB] 1955 was unconstitutional in the first place.”
The ordinance argues a parent’s right to make decisions concerning their children’s upbringing and education is protected under the 14th Amendment of the U.S. Constitution and upheld by Supreme Court precedent.
“The state has a right to govern education, but it does not have a right to interfere with parent-child communications, or the relationship, especially as it relates to very personal private matters,” Gates said.
“Our children do not belong to the state,” the lawyer continued. “They belong to the parents.”
Huntington Beach Mayor Gracey Van Der Mark said if the state sues the city over the ordinance, she is prepared to take that on.
“They [the state] don’t like any dissension,” Van Der Mark told The Daily Signal. “Every time we’ve done something they don’t like, they sue us. And I’m hoping that parents come together and say, ‘We’re ready to push back.’ And if that’s the case, we’re ready to take that on.”
“This is all about government overreach,” she continued, “and it’s ridiculous that we have to do this. We would not have ever had to bring our ‘Parents’ Right to Know’ ordinance forward if it wasn’t for [state lawmakers in] Sacramento overstepping into our boundaries.”
Van Der Mark expects other cities will follow Huntington Beach’s lead in protecting parental rights in response to AB 1955.
“If Huntington Beach weren’t to stand up and push back, and if other cities don’t stand up and push back, we will get steamrolled,” Gates said, “and the state will have its way with every city, even on local issues or personal and private issues between a parent and child.”
The California Attorney General’s Office did not immediately respond to The Daily Signal’s request for comment. This article will be updated if a response is received.
