California’s new transgender student equality law, which took effect on January 1, ensures that all public school students, including transgender students, have access to sex-segregated facilities and programs consistent with their gender identity.
Media reports and commentaries tend to describe the law as “unique,” “groundbreaking,” “unprecedented,” and the “first of its kind.” Are these exaggerations, or does the new law, often called AB 1266, truly adopt a novel approach to transgender issues?
I’ve published an answer to this question in an update to an earlier post, California’s New Transgender Equality Law & the Effort to Repeal It: Frequently Asked Questions. Here’s a teaser:
AB 1266 is, in limited but important respects, unique. But media reports and commentaries often exaggerate the extent to which the law breaks new ground, because they overlook similar legal developments at all levels of government and in different parts of the country. Authorities charged with enforcing federal, state and local non-discrimination laws have increasingly recognized the right of all students, including transgender students, to access programs and facilities consistent with their gender identity.