DEBATE: Orange County, CA. vs Family of transgender student, 8
By Carlos Granda
Thursday, August 03, 2017. As a society, we can't accept such discrimination from any quarter - least of all from a school seeking to deny the identity of one of its students," Mark Rosenbaum, the lead attorney for the Shah Brar family, said in a news release from the law firm Public Counsel. [Bolding Calbab.]
According to Public Counsel attorney Kathryn Eidmann, Heritage Oak is a for-profit, non-religious school. "That means that it's a business institution and is treated like any other business institution in California and California does not tolerate discrimination on the basis of race, religion or gender identity by any business institution." [Italics Calbab.]
Thursday, August 03, 2017. As a society, we can't accept such discrimination from any quarter - least of all from a school seeking to deny the identity of one of its students," Mark Rosenbaum, the lead attorney for the Shah Brar family, said in a news release from the law firm Public Counsel. [Bolding Calbab.]
According to Public Counsel attorney Kathryn Eidmann, Heritage Oak is a for-profit, non-religious school. "That means that it's a business institution and is treated like any other business institution in California and California does not tolerate discrimination on the basis of race, religion or gender identity by any business institution." [Italics Calbab.]
Shah and Brar said they want the school to add a written policy of non-discrimination against transgender students, and they would also like to see the school add a discussion about transgender identity into the school's curriculum.
The family of an 8-year-old transgender student has filed a discrimination lawsuit against an Orange County private school.
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The lawsuit was filed Thursday in Orange County Superior Court by parents Priya Shah and Jaspret Brar against Heritage Oak Private Education and the school's parent company, Nobel Learning Communities, Inc. The suit alleges that Heritage Oak, which is located in Yorba Linda, refused to call their daughter Nikki Brar by her name. The suit also claims the school insisted that Nikki wear a boy's uniform and use the boy's bathroom. It also states that the school barred teachers from protecting her from bullying and harassment.
"When adults at a school think that they can dictate the name that a child goes by and demand she wear a boy's uniform when she knows she's a girl, that's wrong. And that's what happened at Heritage Oak.The school said it told the family it had decided to use an outside consultant to assist them and discussed accommodations, "such as use of the single-unit staff bathroom, specific options as to girl's uniform clothing and girl's hairstyle, as well as ceasing to use gender groupings in physical education activities."
The family eventually pulled Nikki out of the school. According to the statement released by the family's attorneys, Shah and Brar repeatedly tried to work with the school to improve conditions for their daughter, but they "saw their attempts rebuffed time and again.
http://abc7.com/transgender-students-family-files-suit-against-oc-school/2273032/
The family of an 8-year-old transgender student has filed a discrimination lawsuit against an Orange County private school.
_______________________________________________________
The lawsuit was filed Thursday in Orange County Superior Court by parents Priya Shah and Jaspret Brar against Heritage Oak Private Education and the school's parent company, Nobel Learning Communities, Inc. The suit alleges that Heritage Oak, which is located in Yorba Linda, refused to call their daughter Nikki Brar by her name. The suit also claims the school insisted that Nikki wear a boy's uniform and use the boy's bathroom. It also states that the school barred teachers from protecting her from bullying and harassment.
"When adults at a school think that they can dictate the name that a child goes by and demand she wear a boy's uniform when she knows she's a girl, that's wrong. And that's what happened at Heritage Oak.The school said it told the family it had decided to use an outside consultant to assist them and discussed accommodations, "such as use of the single-unit staff bathroom, specific options as to girl's uniform clothing and girl's hairstyle, as well as ceasing to use gender groupings in physical education activities."
The family eventually pulled Nikki out of the school. According to the statement released by the family's attorneys, Shah and Brar repeatedly tried to work with the school to improve conditions for their daughter, but they "saw their attempts rebuffed time and again.
http://abc7.com/transgender-students-family-files-suit-against-oc-school/2273032/
Are you able to keep up with all the new changes or are you a laggard? Our national models are changing rapidly: Keep Up!
Personally, I think you have beaten this horse to death on your other article.....
You can be a transgender advocate all you want, but trust me you are not going to shove it down our throats.
They, and you, have the freedom to be anything they want to be, but they CANNOT force anyone to accept it as valid.
That is pretty much as far as your going to get, so give it a rest why don't ya.
I am not a transgender advocate, but I do detest discrimination. That said, I am open to discussion about what parents can sometimes do with underage age youth. This picture for instance: It's downright prideful.
I agree with NWM. These people can do and think whatever they want inside their own homes but I resent them demanding that others join in their child's delusion.
I have to agree with N-M. There's no point to further discussing or debating this issue with closed minds. Just beating a dead-horse of an issue.
So, I 've been watching your posts for a couple days now and you spend your time skirting the COC and insulting others. Is this how your time here will be spent? You know why so many of us left Newsvine, right?
The article actually is more about discrimination walls falling down, and the rapidly changing world our "new kids" will experience. Note the date of the article (August 3, 2017). This item is red-hot! So many dynamics involved.
This is different from your other article in that this is an 8 year old. IMO, the parents are doing their child a great disservice. How much knowledge does an 8 year old possess? There will be unending ridicule from his peers. Heck, if bullying comes to those who are fat, skinny, effeminate, etc. what the heck do you think he will be going through?
His parents should explain to him that he is too young to make a decision that alters his life, maybe, forever.
This doesn't pull at my heart strings at all. The parents want the notoriety. This 8 year old is going along for the ride!
A coupla' years ago, I saw a PBS story (or some 'newsy' magazine show) where this came up involving a really young child and s/he supportive parents. I did not know what to make of it then, and I am surprised to discover in myself that I have not formulated a opinion today! Maybe, in my heart I was hoping it would go away?
So young, so determined. So clear.
That is the thing about freedom in its truest forms, we must allow variations on a theme to take place. It really is just one more addition—isn't it? It is in our Constitution, we have simply not been following that clause to its fullest.
I find it interesting that these Indian-American parents are so liberated, thus they have liberated this child. As I posted the picture I was a little taken aback that the child is in the photo above and I wondered how shocking it might be to NT. Understandably, I realized this family is not hiding from its decisions and actions.
On second look, maybe this subject has not been beaten to death.
His parents should explain to him that he is too young to make a decision that alters his life, maybe, forever.
That is ONLY if you assume that Transgenderism is a choice and not a preordained fact of being born that way.
His mother said in another article I read:
“I am forever in awe of the courage that it took for Nikki to stand up for who she is, despite all the messages she was getting from her school and from society,” said her mother Priya Shah. “Her courage to fight for her authentic self has galvanized my own.”
That sounds like Nikki made the decision, not her parents.
Yet magnoliaave says:
This doesn't pull at my heart strings at all. The parents want the notoriety. This 8 year old is going along for the ride!
But the other article states:
The family is represented by Public Counsel, the largest pro bono public interest law firm in the country. In a statement through their attorney, the parents said their lawsuit is a fight for human dignity.
“We couldn’t stand to watch Nikki’s hopes and dreams be crushed because a group of adults didn’t accept her for who she is,” said her father, Jaspret Brar.
Which sounds like the family, and the law firm is/are looking out for Nikki's RIGHTS first and foremost, and gives no indication that they are looking for personal "notoriety" or taking Nikki "along for the ride".
So the question again is: Is Trangenderism a personal choice or simply a fact of life at birth?
Lady Gaga - Born This Way
I am undecided because of the age involved. If she was a teen I could come easily side with her. That said, you "carry the day" with your comment. Keep pressing our minds. . . .
I think, I have come to an understanding of my confusion about transgender exploration and preteens. Preteens are continuously undergoing brain behavior modifications and emotion development. Is there a developmental cut-off stage to consider? Are preteens exploring transgender living risking over-sexualization?
Are preteens exploring transgender living risking over-sexualization?
I don't believe so. I think that many pre-adolescents are actually just pre-sexual humans and are starting to think about their own sexual attraction. This is perfectly normal. Ever generation thins that the previous generation has been over sexualized.
Hmm. Interesting food for thought. I will 'chew' on that for a while. Thank you!
From what I have seen this is all pretty confusing for adults! Why does it appear to be so clear-headed for the preteens involved? I do not know how I feel about the parents; are they "indulging" their child at the expense of a great many other people? Pondering. . . .
I went to a wedding reception last night with my lady, my step kids, and their significant others. The groom is their cousin, so there were lots of their extended family and lifelong friends there as well. The crowd was made up of a wide range of demographics - straight, gay, young, old, religious, nones, white, black, hipsters, conservatives, and no doubt both Republicans and Democrats. It's an amazing, close knit, non-judgmental family.
One of my stepsons is gay, and married his husband this year. They are two of the funniest, friendliest, most responsible and successful people I've ever met. They are the life of the party no matter where they are at. My other stepson is engaged to one of the nicest catholic women I've ever met, and they are both absolutely accepting of every family member and how they choose to live. They are also an over-the-top fun couple.
My stepdaughter is well on her way to a transgender future, which came as no big surprise to anyone. She has never been comfortable as a woman, and she's been battling naturally occurring, abnormally high testosterone levels since adolescence. If there were a pill she could take to make those hormone levels typical of her female peers, it still wouldn't make her any more comfortable in a dress, because that's just not who she is.
She's been to three weddings in the last year - one where she was a formal bridesmaid, one where she played an informal part, and this one where she was just a guest. As a bridesmaid, she was expected to wear the planned bridesmaid dress, which she did, because the bride was not yet aware of just how sexuality conflicted she is. You could tell that she felt as uncomfortable as I would be if wearing a dress in public, and I felt sorry for her for that. At the less formal wedding, she and her brothers and male cousins coordinated their suits, while the other women involved coordinated their dresses. At last night's wedding, she wore pants, shirt, a jacket and bow tie with men's dress shoes. She was clearly the most comfortable in the last two of the three weddings.
There were about 100 or so guests at last night's wedding. Nobody even bats an eye over these young adults and the way they live their lives. A fiancé of one of her cousins, who my stepdaughter barely knows, was even running around trying to find a man in the crowd who looked enough like her to borrow his ID and get her into the bar next door for the after party (she is only 20, but she doesn't even drink).
When I see the disgusting way that some members here discuss homosexuality and transgender issues, it makes me sick, and it makes me a little sad for them. Members here no doubt have at least someone in their extended family who is gay or transgender. The bigotry they espouse must make their family members think very little of them. Some people choose to go through life in the way that they are most comfortable with. Others go through life with a head full of hate and intolerance, making judgements over things that they have no capacity to understand.
I hate to disagree with Calbab (Fact is, I hate to disagree with anyone, though it's sometimes unavoidable. I prefer just to ask questions.) but in this case I have to say that YOUR comment here "carries the day". You are indeed fortunate to have the family and the outlook you have. Thank you for sharing such personal thoughts and experiences.
Thank you for noticing. I've gone into depth on the gay and trans issues here several times prior to the NV infusion. There is one particular member here (he knows who he is) who never fails to exhibit the worst case of self righteous and uninformed opinions on these issues. When I see new members hoisting him and his hateful, bigoted opinions up on their shoulders, it's about as welcoming as an ice bucket challenge in a snow storm.
Marvelous. Absolutely five stars! Many cheers!
She has never been comfortable as a woman, and she's been battling naturally occurring, abnormally high testosterone levels since adolescence.
A powerful statement deserving of consideration going forward. (-:
In coming days, weeks, or months we will be learning (hearing) more about this case!
Several studies have shown that children as young as three have preference for a gender identity that does not conform to their biological sex.
Nikki had always shown a preference for toys and clothing associated with girls. She would wear her mother’s high-heeled shoes, polish her toe-nails, and make gowns out of her grandmother’s dupattas. At age four, she told her mother she wished she was a girl, according to the lawsuit.
Shah and her husband Jaspret Brar, along with their older daughter, supported Nikki’s decision. The youngster began seeing a therapist who encouraged her parents to buy her girls’ clothes if she asked for them.
I have two sons.....grown men now. When I was getting ready to go out sitting in front of the mirror putting on makeup, sometimes, they would try it, also. Also, put on my high heels and prance around like a girl. They, also, mimicked their Dad's behavior. Kids do that!
But this child takes it a step further, she is living out as a young girl in public. Is that moving to the next stage?
Because his parents are behind his decision. IMO....if they had said lets wait awhile to make such a life altering decision, he, probably would have said ok.
I am going to "fill-in" some info from an article written by an Indian reporter (SUNITA SOHRABJI, India-West Staff Reporter, Aug 7, 2017) that I have been sharing today.
Just the facts:
1. According to the lawsuit – filed Aug. 2 in Orange County, Calif., Superior Court – Nikki Brar told her parents just before she turned seven that, though she was assigned to the male gender at birth, her true identity is that of a girl. “Mumma, I’m a girl. I want to be called a girl,” Nikki told her mother in June 2016. She later told her whole family that she had felt like a girl for a very long time.
2. Nikki had always shown a preference for toys and clothing associated with girls. She would wear her mother’s high-heeled shoes, polish her toe-nails, and make gowns out of her grandmother’s dupattas. At age four, she told her mother she wished she was a girl, according to the lawsuit.
3. Shah and her husband Jaspret Brar, along with their older daughter, supported Nikki’s decision. . . Nikki told her parents that “boys’ clothes felt like a prison,” according to the lawsuit.
4. But at Heritage Oak School. . .teachers and administrators allegedly refused to use the name Nikki, continuing to call the youngster by her birth name, and identifying her as “he.” The school also required Nikki to wear the boys’ uniform – shorts instead of a skirt – and to use the boys’ restroom. The school did offer to let Nikki use the staff bathroom, but only if she dressed like a boy.
5. She was also allowed to wear her hair long, but only if she wore the boys’ uniform, according to the suit.
6. The lawsuit alleges that Nikki experienced social isolation: the girls would not play with her because she had to dress like a boy, and she found the boys’ games too rough. Boys would bully the youngster, calling her “a loser.”
7. According to the lawsuit, after listening to a radio show in the car about the rise in suicide rates among college students, Nikki asked her grandmother: “what is suicide?” That evening, she asked her mother if she could “suicide herself” when she grew up, because “life is really hard.”
8. Nikki tore up a photo of herself dressed as a boy taken by her school, proclaiming: “I hate myself.” Her parents took her out of the school in February 2017, and home-schooled her for the rest of the year.
9. The lawsuit claims that Heritage Oak has violated the Unruh Civil Rights Act, a California state law that bans a variety of discrimination.
10. In a press statement, Heritage Oaks’ parent company Nobel Learning Communities said it has been able to accommodate the needs of older transgender students at its schools. “We were mindful in this instance of the need to support not just this 7-year-old, but other young children. We believed it was extremely important to respond, not hastily, but with deliberate care, to decide when and how to inform and educate our entire elementary school community of students, staff and parents about the mid-year change of gender identity expression of a young child,” said the company, noting that it had called in an outside expert to help, and had allowed Nikki to use the single-unit staff bathroom.
Here is my two cents on this from both a personal, parent's and sex ed teacher's POV.
Personal: When I was a kid, I was a tomboy. I even suffered from a major case of penis envy. That being said, I also liked boys in a way that girls liked boys. I think all of this is normal. I grew up to be a woman who knows she is a woman and got married to a man.
Parent's POV: I have gay friends. My twin daughters at about 8 years old asked me how do you know if you are gay. They asked me if I thought they were gay. Our society has changed so much since I grew up in the 60's and 70's that they are exposed to much more than we were. I told them that they would know when they got older, but as their mom, they didn't seem gay to me (they are very girly), but if they were, I would still love them. They grew up to be very much straight.
From a sex ed POV: Here is what we know about sexuality. It is fluid, and especially up through your teens. And when I say fluid, I mean how the brain processes it, and not your sexual body parts. That is why it is not unusual for kids to try out bisexuality, or for me to think that a woman's body is far more pretty to draw than a man's. A child at 8 years old might truly believe that they want to be a boy, and that is very understandable, since our society gives girls mixed messages still. I don't think at 8 she really knows yet, just like I had penis envy. But if by 20 she still feels this way (without other people influencing her decision), then her wishes should be respected.
But no matter how you feel about this topic, no one should be bullied or allowed to be bullied.
The whole bathroom issue is silly in elementary school. Most of their bathrooms are private stalls. It only becomes an issue in middle school and when interest in the opposite sex blooms.
Totally agree with you.
A child at 8 years old might truly believe that they want to be a boy, and that is very understandable, since our society gives girls mixed messages still. I don't think at 8 she really knows yet, just like I had penis envy.
Nikki gender-wise was born a "he." This is a case of an 8 year old boy transiting in appearance only to present as a girl in public settings!
Oh sorry, got it mixed up as I was typing it. Yes you are right.
Perrie, can you put on your teacher's perspective and address aspects of school administration (adminstering): Do you know who directs "for profit schools"? Is it the State?
To be fair, a school dealing with confused and concerned parents whose children are confronted by a strong moral issue that the community may have not dealt with (or intend to ever deal with) can give one pause.
"Mystery" and "unknowns" bother parents. Most parents want their children's formative years to be as unscathed as practical. And, here is this boy bringing up a set up unresourced questions. . . . Parent confusion. Parent-scary, huh?
The state does not pay for for profit schools (many of which are referred to as "private schools").
Magnet schools and charter schools do get state money.
And yes this is a very tough situation for sure, for all parties involved. And let's not forget that there is a child involved in this and their stressors, too.
"Mystery" and "unknowns" bother parents. Most parents want their children's formative years to be as unscathed as practical. And, here is this boy bringing up a set up unresourced questions. . . . Parent confusion. Parent-scary, huh?
For sure! And I am afraid that this topic will not go away until we have some hard science behind it.. and even then, there will be those who will believe what they want to believe.
Perrie and @magnoliaav this is different than "tomboy-ism" and "role-playing,' isn't it?
No, it is not.
It is only different because his parents agree and his "therapist" agree. And, the boy is going along for the ride.
In that photo above, he has the physique of a boy....check out the difference between his sister and himself.
Ok....on Sat and Sun you can be a girl, but Mon through Fri you are a boy.
You see what you want to see.
At that age, I am not sure.
Here is something else that bothers me about this: The United States likes to think of it itself as the world' premier nation in power, influence, and intelligence. If we are the embodiment of those national characteristics how come this nation tries to drown out so many sexual differences of its people with political roadblocks? Other nations are far out and ahead of us and have been for a very long time!
We are unique. No other country in the world is like us. What is all this sexual stuff? It is a given....there are men and women. Some like man and woman, some like man and man and some like woman and woman. Ok. But, a man can't be a woman and a woman can't be a man biologically.
As a geologist, I was always told that people speculated that I must have been a REAL tomboy, growing up. Nothing could have been further from the truth! I was a very girly girl who liked science. Then, when I never slept with every man that came down the pike, I was a lesbian. I had 'slept my way to the top', while being a lesbian. General assumptions are generally wrong, I'd say. Being the only female around in a man's field was tough. Speculation into my private life ran rampant. I could do nothing to quell the rumors, just be myself.
I've never been sexually attracted to women. I've always had a husband or a boyfriend, and that's it. But, to hear some people tell it, I was a lesbian/whore... Does this make sense to you? It doesn't to me.
I look at all this as 'it is what it is'. People know what is going on in their heart, or, they're working to figure it all out. Frankly, it is NONE of my business. Nor is it up to me to be judgemental about their sexual preference. As long as they don't abuse anyone else in the process.
This question is in stuck in the midst of my mind so I might as well unload it: Is Nikki being given too much autonomy or is this a case of saving the child's life (from suicide - mentioned in the second article)?