The State of California in July passed a law prohibiting teachers and other members of school staff from informing parents if their children exhibit symptoms of gender dysphoria.
The law’s passage created quite a bit of controversy, given that the Golden State is the first in the union to pass such legislation.
Now, at least one city is fighting back.
The Huntington Beach City Council on Tuesday voted in favor of an ordinance that would designate the community as a “Parents Right to Know City.” The measure would require educators to inform parents about information pertaining to their children’s gender identity and sexuality instead of keeping them in the dark:
The law gears the city up to challenge Assembly Bill 1955 that was signed into law by Gov Gavin Newsom, which prohibits school districts from adopting transgender and sexuality notification policies.
City Council members narrowly voted 4-3 along political party lines Tuesday night to approve the law that declares Huntington Beach a Parents’ Right to Know city and would also grant the city attorney the right to initiate a lawsuit on behalf of a resident against the state law.
The Democratic councilmembers who voted against the measure argued that the measure would waste taxpayer dollars while making the government more intrusive. “We provide camp to kids over the summer. But for sure, one of those services isn’t looking in people’s underpants or watching who’s holding hands with whom. I just don’t see how that’s the role of government,” said councilmember Dan Kalmick.
Republican Mayor Gracey Van Der Mark issued a statement defending the measure, arguing that AB 1955 “not only negatively impacts parents and children, but also places educators in an uncomfortable position”:
This call for an Ordinance represents the City taking a stand against Sacramento’s overreach in its blatant invasion of the parent-child relationship. The issue of a child’s gender is personal, private, and should be discussed between the parent and the child only—not dictated by the State. Because it is a personal matter, it is not “education.” If parents, schools, and cities do not stand up to the State, it will continue its overreach, invading every aspect of our lives and those of the most vulnerable in our society—our children.
If the city council passes the measure, it could serve as a prime example of how local governments can nullify state or federal laws that violate citizens’ rights. Nullification is the concept in which a state or local government renders a law invalid in its jurisdiction, refusing to enforce or recognize the law if leaders determine that it infringes on Constitutional rights.
The concept is rooted in the 10th Amendment of the U.S. Constitution, which says states have the right to push back against laws that violate the rights of the citizenry. It can be a controversial topic, but has been used to great effect in a multitude of ways.
One example would be sheriffs and other local law enforcement who refused to enforce the draconian COVID-19 lockdown orders and mask mandates. Another would be Illinois sheriffs who declared they would not enforce the newly-passed assault weapons ban. At the state level, several states have passed laws legalizing marijuana for medical or recreational use despite the plant being outlawed at the federal level.
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Huntington Beach’s measure, if passed, would be an effort to nullify AB 1955 by affirming the reality that parents have a right to know what is going on with their children. It is aimed at upholding parental rights against a state law clearly intended to violate them.
Those supporting the law rightly point out that California’s government is attempting to usurp the role of the parents when it comes to gender identity and sexuality. To put it simply: We absolutely must have more of this.
The nullification concept should be practiced by every local and state government in the face of unconstitutional laws aimed at violating people’s rights. This can only happen when those who value liberty get more involved in their local politics and elect officials who are willing to tell state and federal governments to go pound sand when they pass laws that infringe on our natural rights. As time goes on and the powers that be push more intrusive legislation, it will not be surprising to see more cities take similar steps.
