Op-Ed: So Called Parental Bill of Rights Puts LGBTQ Students At Risk

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Rep. Linda Tanner


Rep. Mel Myler

By Rep. Linda Tanner and Rep. Mel Myler

“Some people argue this is singling out children who are transgender, and I would argue perhaps it is.” Unwittingly or not, Senator Sharon Carson spotlighted the harmful consequences of SB 272, the so-called parental bill of rights legislation, at a recent public hearing. 

At first glance, the “parental bill of rights” is benign. Some sections detail the existing rights of parents to direct the upbringing of their children. Other sections detail the existing rights of parents to be informed of disciplinary and medical events involving their children at school. No problem.

Reiterating existing rights is not the intent of the bill, however, which brings us back to Senator Carson’s admission about transgender youth. The new parental “rights” established in SB 272 relate specifically to gender identity and expression. If a child expresses their gender in a nonconforming way at school — with the name they use, the way others treat them, or the requests they make of school personnel — SB 272 requires teachers and other school personnel to provide details to parents when asked.

In most cases, there would be no harm in a teacher informing Jeff’s parents that they’ve been asked to be referred to as Jess at school. The child is either expressing themselves similarly at home already, or the parents will be supportive of their exploration of identity.

Sadly, not every child comes from a supportive family.  More than one in three adults report that they would be uncomfortable if their child came out as transgender or nonbinary, and many teens who are exploring their gender identity experience stress over the prospect of informing unsupportive parents.

For some students, school can be a safe haven. It’s a place to explore who you are, to feel comfortable and gain confidence expressing yourself your own way. Changes in how students express themselves may be observed by teachers and other school staff before parents, simply because the student is not yet comfortable coming out at home.

Trust between students and their teachers has historically been celebrated. Earlier this year, the NH Department of Education invested in the “One Trusted Adult” program, citing research that shows youth who can name a trusted adult outside their home are less likely to bully or be bullied, suffer from depression, abuse substances, be suspended or expelled, or drop out of school.

Requiring teachers to notify parents of gender nonconformity would disrupt and undermine that all-important trust that we have worked so hard to build.

So why the attempted policy reversal? Unfortunately, it appears that many New Hampshire Republicans have succumbed to a national fear-based movement against trans youth and their families.

There is no valid reason to subject gender nonconforming youth to a singling out not experienced by their peers. Singling out some students is a deeply concerning and unconstitutional requirement that violates the principle that all students come before the law as equals. Nearly every student will explore their identity in some shape or form that may not meet the approval of their parents. Teens may decide to go vegan, wear jewelry, or adopt political beliefs their parents would disapprove of, but those decisions are not targeted in this bill.

We have heard from the frontlines of child protection and from LGBTQ advocates that this bill does more harm than good. The New Hampshire Office of the Child Advocate opposes SB 272, noting they receive reports of abuse linked to a child’s gender and sexual identity every day. Many Granite Staters have shared personal stories about the fear and lack of acceptance they’ve experienced at home after being outed.

Schools work best when teachers, parents and students are all engaged working towards what is best for the children of New Hampshire. The government inserting itself into family relationships is bad for everyone.

Let’s continue the important tradition of privacy and choice in New Hampshire to make sure we protect all students, parents, and families across this state.

Rep. Mel Myler (D-Hopkinton) is the Ranking Member on House Education Committee

Rep. Linda Tanner (D-Georges Mills) also serves on the House Education Committee

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