This has caused massive controversy.
On Tuesday, California’s Democrat Governor Gavin Newsom enacted legislation mandating that K-12 schools in the state establish gender-neutral bathrooms by July 2026.
According to Fox, the new law stipulates that every school district, county office of education, and charter school must have at least one gender-neutral restroom accessible to students during school hours and events by July 1, 2026. Temporary closures are allowed only in cases of documented student safety concerns, imminent threats, or necessary repairs.
Governor Newsom, in a press release, emphasized the importance of these measures in safeguarding vulnerable youth, fostering inclusivity, and nurturing supportive school environments. He extended gratitude to Senator Eggman and the LGBTQ Caucus for their leadership in promoting the state’s values of equality, freedom, and acceptance.
The law specifies various requirements for these gender-neutral restrooms, including clear signage indicating their availability for all genders, accessibility, and the presence of a designated staff member as a point of contact. A notice outlining these requirements must also be prominently displayed outside at least one gender-neutral restroom.
Senate Bill 760 is part of a broader legislative initiative aimed at expanding LGBTQ+ rights in California. This initiative encompasses legislation mandating LGBTQ+ cultural competency training for public school staff, the establishment of an advisory task force to address LGBTQ+ pupil needs and implement support initiatives, and measures to protect the confidentiality of gender and sex identifier changes by minors through court proceedings.
Senator Susan Talamantes Eggman, Chair of the California Legislative LGBTQ Caucus, highlighted the importance of these actions in the face of anti-LGBTQ+ rhetoric and discriminatory laws, expressing hope for continued collaboration with the Governor to raise awareness about the challenges faced by LGBTQ+ individuals.
Notably, some parents, including Jonathan Zacherson, a spokesperson for Protect Kids California and a recently elected school board member, view this legislation differently. They are advocating for an initiative that separates private school spaces based on biological sex, citing concerns about privacy in locker rooms.
Zacherson also called for the repeal of AB 1266, a 2013 law permitting students to participate in school activities and use facilities consistent with their gender identity. This provision disregards the gender listed on students’ records.
The series of LGBTQ+ legislative actions in California occurred shortly after Governor Newsom vetoed a bill that would have required judges in child custody cases to consider a parent’s affirmation of their child’s gender identity. The Governor expressed concerns about the legislative branch prescribing legal standards for the judicial branch.
While California’s recent actions align with the trend of inclusive restroom policies for transgender individuals in some states, the matter remains contentious, with legal challenges often arising. For instance, Idaho enacted a law prohibiting transgender students from using public school restrooms not aligned with their assigned gender at birth, which faced legal opposition. Similarly, North Carolina’s 2016 law mandating bathroom use based on birth certificates was later repealed amid criticism.