31 Dec We Shouldn’t Need the SAFETY Act to Protect LGBTQ+ Students — But We Do

In California, starting New Year’s Day, a new law will bar schools from telling parents if a student comes out, among other things. (“Gay-Straight Alliance school bus” by jglsongs via Flickr / CC BY 2.0 license)

Commentary, Joseph De La Cruz

California on Jan. 1 will become the first state in the nation to impose a ban that opponents say could cause distrust between parents, students and schools, while supporters argue it could protect students who don’t feel safe being themselves at home.

Gov. Gavin Newsom signed Assembly Bill 1955, also known as the Support Academic Futures and Educators for Today’s Youth Act, or SAFETY Act, in July. It will protect LGBTQ+ youth from schools disclosing their sexual orientation, gender identity, or gender expression without their consent. It bans school districts from enacting any forced outing policies. Meaning if a kid is gay, trans or queer, the school cannot disclose that information.

It also provides resources for parents and students to talk about gender, sexual orientation and gender identity privately and protects teachers and school staff who refuse to out a student.

When I first heard about the ban, it was like a round of applause went off on my head. After hearing so much news of schools all over the nation not protecting LGBTQ+ students — mostly trans students — it was like a breath of fresh air. This seemed like a step in the right direction. If there is one place students should feel safe, it has to be school. Students often spend more time at school than at home; feeling safe there is something that shouldn’t even be an issue.

I think about my own experiences growing up as a gay student. How I was attacked by a kid older than me for knowing that I was different before I even understood in what being different was. How, up until high school, I felt like an outsider to my fellow students. How being at a school where everyone could be themselves meant so much to me.

>>>Read: Coming Up and Coming Out as a Little Gay Latino in the Bay<<<

I think about those students who don’t know what they’re experiencing but at the same time are too scared to even speak what is going on. How their home lives might not be the safe haven they need to feel as if they can be themselves.

Being lucky enough to have parents who understood me and gave me the chance to discover myself. But that is not the experience of so many others. And for those who aren’t fortunate to have families who accept them as they are, being outed can be dangerous. It puts them at serious risk of being physically or emotionally abused or kicked out of their homes.

>>>Read: I’m Not a Monster, I’m Just Gay: Surviving Family Trauma and School Bullying<<<

The outing doesn’t have to be malicious or even intentional to be harmful. There doesn’t have to be an educator telling parents their child has come out as gay or transgender because they think it’s a problem to be dealt with. Unfortunately, even a well-meaning teacher trying to respect a student by referring to them by their chosen name and correct pronouns could cause trouble for a kid with a bad home life.

And regardless of whether it will be with acceptance, coming out is a personal decision. It’s up to the individual and no one else whom a person tells that they are gay or trans and how and when.

Then, I think about the students who feel as if they are the prisoners in their own bodies. I can’t even begin to imagine what that must feel like, first of all, let alone dealing with that without support from the adults you should be able to trust most.

The American Civil Liberties Union says that the “constitutional right to privacy makes it illegal for your school to ‘out’ you to anyone without your permission, even if you’re out to other people at school,” so this new law might seem unnecessary. Yet many California school districts “have proposed or implemented policies requiring teachers to inform parents if their child identifies as transgender or requests to be identified by a different name or pronouns at school,” since 2023, according to the office of Assemblymember Chris Ward, D-San Diego, who authored the bill. Judges in 2024 also blocked federal Title IX protections for LGBTQ+ students in multiple states.

The argument that opponents of the SAFETY Act are set on is that it causes distrust between the school and parents. My argument is this — yes, parents need to trust the school to keep students safe, but shouldn’t you as a parent also be the one to keep your students safe? One of my core beliefs that I have when it comes to parenting is that the love that you give your kid shouldn’t hinder on what their gender identity or sexuality might be. They are your child — you should love them regardless, not be their first bully. They should feel safe coming to you about whatever they feel might be going on with their bodies or their feelings.

But if that’s not the case, they shouldn’t have to worry about their teacher or principal or whoever betraying them.

I won’t claim to be an expert on all of the things concerning the LGBTQ+ community. I can’t even claim to fully understand what could happen when it comes to this ban and how it could affect students, parents, teachers and schools. But what I can claim to be is an ally of what I believe to be right and to stand up for my beliefs. If this act is something that will protect our students from any repercussions that can cause them harm, it should be enacted. Aren’t our school supposed to be safe for our students? And parents, aren’t you supposed to be the protectors of your children? As someone who had struggles with their sexual orientation, I can only say, please just be there for them and try to understand. Educate yourselves.