Misgendering students, outing them, and keeping them out of school bathrooms are all sanctioned by the new law just signed by the North Dakota governor.
Republican governor Doug Burgum announced on Wednesday that he’s signed a bill into law which will protect public school teachers and other state employees from any censure for misgendering their transgender students and fellow employees. It also makes it law that teachers must tell parents if they suspect their student may identify as transgender, and they must prevent trans students from using the appropriate bathroom without parental permission.
Supporters have said the measure boosts parental rights and brings peace of mind to teachers. Others said the governor should have done more to limit trans rights, despite other new laws which prohibit trans youth from joining their appropriate sports teams all the way into college, and laws criminalizing health-care providers who help trans youth. It’s unclear what rights they think trans people in North Dakota have left to limit.
Opponents counter that the state’s Republican leaders are violating the constitutional rights of students and teachers by compelling the speech of adults and potentially exposing children to dangerous repercussions if an abusive parent doesn’t approve.
“Mandatory outing of a student’s trans identity violates their privacy rights at school – particularly for trans youth who cannot be safe at home. And creating a supportive working and learning environment also requires treating people with dignity and respect, including – at a minimum – calling them by the name and pronouns they want to use. These are both unlawful and discriminatory practices,” said Cody Schuler, advocacy manager of the American Civil Liberties Union of North Dakota.
The new law takes effect immediately, with no lead-up. Effective Monday, teachers in North Dakota are legally allowed to bully their trans students by misgendering them, and legally required to threaten their safety and lives by forcing them into the wrong bathrooms and outing them at home.
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