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Julie Hamill's avatar

Thank your for this thorough analysis, Scott!

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Jen's avatar

I feel it's unfortunate that the judge, in his decision, lumps "gender incongruence" right in with "gender dysphoria". He is clearly talking in the rest of the quote about a concern for mental illness. But gender incongruence without gender dysphoria is NOT a mental illness. And, in fact, it is statistically a pretty good indicator of likely same-sex attraction (which means the unnecessary addition of it in the order actually does bring up concerns over "outing" gay students when, as you noted, that's not in the bill). Since gender incongruence isn't a mental illness, there is not even a list of symptoms or attributes defining it. What is a gendered thing to some-black nail polish or eye liner on a boy or a shaved head for non-medical reasons on a girl-is simply self-expression, teen rebellion, or perhaps an affiliation with goth or punk subculture to others.

Those issues aside, gender incongruence is a normal variation in personality and style. Lumping it in with "signs of mental illness" seems to actually be feeding into the gender ideology idea that if you're a tomboy or a feminine male, then there is something wrong with you and you can't be your biological sex. It's really too bad that the judge in charge of this case sees this as the same as gender dysphoria, which is a mental illness and is associated with serious risks, including self harm.

On a separate note, the emphasis on informing parents about mental illness interests me for another reason: while it's of course true that one's observable actions and words in public are not covered by a right to privacy (whether one is a minor or an adult), minors over age 12 actually DO have a right to privacy in matters of sexual and mental health in many states. I'd be shocked if CA wasn't one, though please feel free to tell me if you know differently. But, that opens quite the can of worms as the two concepts: that there is no right for a teen over the age of mental health consent to request confidentiality from teachers because teachers should tell parents about signs of possible mental illness, but there IS a long-established right to confidentiality about the exact same issue from health care providers because in those states teens do in fact have confidentiality in mental and sexual health matters. Seems quite contradictory.

I'm curious to see if that becomes an issue as this works it's way through the courts. Thinking as a provider, it would be quite the conundrum for a parent to bring a teen, over the age of consent for mental health, in for care because a teacher expressed concerns, and then for me to be legally barred from talking about those concerns with the parent because the state has determined that teens of a certain age should be allowed to manage their own mental health matters and choose who knows about them. I imagine the parent would be understandably frustrated if one professional tells them their child is mentally ill and then the mental health provider says "sorry, but i can't give you my opinion or tell you my treatment plan".

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