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How CUSD Is Handling the New Transgender Bathroom Law

There are no "overbroad" policies, Capo Unified Superintendent Joseph Farley says, but students are being addressed on a case-by-case basis.

Where transgender students should use the restroom is the subject of a new law, and an effort to appeal it. Patch file photo.
Where transgender students should use the restroom is the subject of a new law, and an effort to appeal it. Patch file photo.

Originally posted at 12:53 p.m. Jan. 16, 2014.

Until it is determined whether a measure will reach the November state ballot, attempting to invalidate a new state law that allows transgender public school students to choose the gender-specific sports they want to play and which restroom to use, Capistrano Unified officials are handling such requests on a case-by-case basis, Superintendent Joseph Farley said Wednesday.

The law, which became effective Jan. 1, is the first in the nation of its kind. It allows transgendered students to use facilities that are "consistent with his or her gender identity," according to the legislation.

“The district has been very wise in this approach to this matter and also sensitive to the needs of the children,” Farley told parents at a superintendent’s forum Wednesday night.

The 50,000-student district doesn’t have many transgender students, “but we do have a few,” Farley said.

Instead of creating policies that are overbroad, he added, the district will “look at what’s best for that individual child.”

In September, one resident who supports the new law and one who doesn’t spoke before the Board of Trustees.

Farley referenced Wednesday an effort to get on the November ballot an initiative that would strike down the new law. State officials are currently calculating whether there are enough signatures to force the issue.

“We will know by Feb. 24 whether the law stands or whether it will go to an election on the matter in November 2014,” Farley said.

EDITOR'S NOTE: Edited to reflect that one person in the September 2013 meeting spoke in favor of the new law and one spoke against.

southernbelle January 28, 2014 at 02:45 PM
@PENNY AREVELO, is there any way you can put me out of my misery and delete me from rec'ing copies of these boring, redundant, off-topic, me thinks I'm>you, ego self-stroking, endless circle of nonsense before I shoot myself in the head? My email alert is off the Richter scale & I'm actually trying to have a life over here, outside of this forum…unlike several others who relentlessly continue to chase their tails in a circle. blah!!! please, Penny---tell me how to get off this thing, and quick!
Penny Arévalo (Editor) January 28, 2014 at 03:14 PM
At the bottom of every email, there are links to manage your settings and opt out. But usually, a conversation dies a natural death.
Louf55 January 28, 2014 at 03:20 PM
And this one should die now.......
southernbelle January 28, 2014 at 03:28 PM
@PENNY Thank you for saving me from any more torture. *deep cleansing breath* ps--it's another GORGEOUS day out…how about the rest of y'all vampires shut 'er down for a spell and enjoy the day, go to the lovely beach and stick your toes in the sand or something. GODS BLESS each and every last lil one of y'all-- toodles.
Shripathi Kamath January 28, 2014 at 03:48 PM
southernbelle January 28, 2014 at 03:28 PM @PENNY Thank you for saving me from any more torture. *deep cleansing breath* ps--it's another GORGEOUS day out…how about the rest of y'all vampires shut 'er down for a spell and enjoy the day, go to the lovely beach and stick your toes in the sand or something. GODS BLESS each and every last lil one of y'all-- toodles. _________________________________________________ Bye, she-goober!
Kathi January 28, 2014 at 05:55 PM
Christie, I urge you to look back at the comments on this thread. You were the one who brought up religion. I tried to stick to the topic at hand. You have done a lot of projecting both in this discussion & others into what you assume I believe, how I treat others & all sorts of other things. You seem to have a box in your mind that since I mentioned certain things, you dropped me into this "Fundamentalist" box in your mind & immediately attributed to me everything you ASSUME true of Fundamentalists. & then you attacked me for that. I imagine you would be horrified if I stereotyped any of your favored groups that way but you don't seem to see your own inconsistency in stereotyping a person who believes the bible into this "Fundamentalist" box you have & jumping to all sorts of conclusions about that person based on your own stereotype. I know you are very emotionally involved in some of these issues & that seems to be influencing you to project a lot.
Shripathi Kamath January 28, 2014 at 06:03 PM
Kathi January 28, 2014 at 05:55 PM I imagine you would be horrified if I stereotyped any of your favored groups that way but you don't seem to see your own inconsistency in stereotyping a person __________________________________________________ You mean something like "I would also support counseling for students who have some discomfort in their biological gender. I'm fairly certain that this has happened ver the years & in many cases the child was able to adjust t his biological identity"? __________________________________________________ _ Yeah I bet that'd horrify her.
Kathi January 28, 2014 at 06:18 PM
"our culture has accepted two huge lies. The first is that if you disagree with someone's lifestyle, you must fear or hate them. The second is that to love someone means you agree with everything they believe or do. Both are nonsense. You don't have to compromise convictions to be compassionate." Rick Warren & before people react reflexively to who said it, consider examples of that. Many parents have seen their children make choices they disagree w & can see are harmful. Examples could be drug use that I think most of us can agree a parent would not agree w. But hopefully the parent would still love the child, tho be grieved. Some families have political differences within, but hopefully still love & tolerance. Anyway, have a great afternoon everyone.
shelly January 28, 2014 at 06:24 PM
Kathi, These are not "choices" that these children are making. It is who they are and how they were born.
Shripathi Kamath January 28, 2014 at 06:34 PM
Kathi January 28, 2014 at 06:18 PM "our culture has accepted two huge lies. The first is that if you disagree with someone's lifestyle, you must fear or hate them. The second is that to love someone means you agree with everything they believe or do. Both are nonsense. You don't have to compromise convictions to be compassionate." ___________________________________________________ Well, it is *your* culture that you need to fix, then. You cannot be compassionate when you tell a kid that s/he is morally an abomination to God for what he or she is or does, or how he or she feels about the sexes and must mend his or her ways *and* be true to your convictions. Sorry, but your pusbucket of moral righteousness is reflexively emetic regardless of the collared huckster that egests it. For it is filled with sanctimonious quackery aimed at controlling other people's lives, while pretending to be moral. "Do not do unto others what you do not want others to do unto you" is necessary and sufficient. ___________________________________________________ Again, Louf55 at least did make an effort to offer what he thought was a workable solution to a problem. Agree or disagree with him, at least he tried on that one front. Kathi, it'd be of mutual benefit (or just mine) if you could refrain from the overly sermonizing homilies (like 10 instead of eleventy gazillion). Please consider it.
Kathi January 28, 2014 at 07:44 PM
Shelly, are you sure that all children experiencing some confusion about their sexuality, gender whatever were all born transgender or homosexual rather than just experiencing some confusion? All of them? I think that's an awful big assumption. However you pick at words & miss the point. Tolerance. Like those bumper stickers w the different religious symbols that say coexist. Not exactly the same but on part a similar principle. Whether chocice or not, the principle holds true. Would be good to ponder what it said, rather than a knee-jerk reaction picking at words. I do not hate nor fear anyone whether they identify as homosexual, transgender or are different from me in any other way. Anyway, enough of ths, hut I hope you will at least think about it.
shelly January 28, 2014 at 08:19 PM
Kathi, I cannot unread what you wrote on the previous blogs. You did not show tolerance. Reread some of what you wrote. Segregation was about coexisting also under certain people's guidelines. Was that the right thing to do? +++++++++++++++++++++++++++++++++++++++++ Kids and adults struggle with identity and I do not pretend to know if he/she are confused or sure of who he/she is. That is their personal journey. I just try to accept and not judge. I try to teach my children this also.
Shripathi Kamath January 28, 2014 at 08:52 PM
Kathi January 28, 2014 at 07:44 PM Like those bumper stickers w the different religious symbols that say coexist. _____________________________________________________ Think about why that appeal needs to be made to a bunch of religions all of whom are supposed purveyors of morality. What exactly is the problem when you have to tell such moralists that they should be nice to each other? That too on a bumper sticker. Don't the religions themselves teach you to tolerate others? If they did, why would that bumper sticker be necessary? Or is it because what the religions actually do in practice that makes the sticker meaningful?
fact checker January 28, 2014 at 09:19 PM
Oh please southern belle. Just email Penny to see how to do it.
ChristieD January 29, 2014 at 01:20 AM
Oh Kathi; Before making statements that are proven untrue by the written word (especially your written word), you should go back and read your posts. YOU were the one who brought religion into this conversation with this post: " I can not imagine saying that to another person who is created in God's image however distorted it has become & whom God loves so much that He sent His son to die for all of us. So God sees us all as precious." At point Shripathi called you out on your very condescending and hyper-religious statement not appropriate to this conversation. And then Fact Checker further called you out for introducing religion with this post: "Kathi; please don't inject your religious beliefs into this conversation......" So......."ask and you shall receive" I guess? Next time don't ask if you can't take being called out for your statements. Oh, and then there are those "lifestyle" comments you continually make.....LOL
ChristieD January 29, 2014 at 01:22 AM
@ Kathi: as for "projecting" fundamentalism on you: NO NEED! You have done a fine job yourself!
Kathi January 29, 2014 at 02:13 AM
Shelly, intolerant? Well I guess you follow the LGBT version of tolerance which would say agree w everything they say or you will be called intolerant. Actually, you & others were very intolerant of my views there. But this is a separate discussion that should be considered on its own merits, not bringing up all sorts of off topic things. I have actually found LGBT proponents to he very intolerant of thse who dare to disagree w them. & many have made very hateful statements. However that is NOT what this discussion is about. It is about privacy concerns for children. & the fact that proponents of the law express concern for discomfort that those identifying as transgender might feel using the facilities of their biological gender, but disregard the concerns that other children may feel having someone of a different biological gender sharing what are normally supposed to be private activities/facilities. It is about the competing concerns for comfort or privacy--not all those other issues you are trying to inject.
Kathi January 29, 2014 at 02:59 AM
Christie, Really? You claim to be a Christian but side w an atheist. You don't seem to realize how judgmental your comments here & in the previous discussion are. You are also displaying your extreme intolerance for what was a sincere expression of my faith prompted feelings in response to that statement that essentially called me worthless. I think that is a horrible thing to say to anyone. You & others have called me intolerant because I hold to what the bible says is right & wrong & that certain things are sin. But while we are all sinners, I would never call someone worthless or a waste of human flesh. I was expressing my personal viewpoint based on my faith & what the bible teaches about human worth. Incidentally, that also applies to children & adults who identify as transgender or other LGBT or straight. People who agree or disagree are valuable in God's eyes, & mine. & this worth is foundational & not based on a person's merit or lack. That sense of worth can also give individuals hope. Other discussions touched on the issue of suicides among homosexual youth. It seems to me that suicide comes out of a sense of hopelessness & feeling un-valued. This worth is not based on whether someone has engaged in sin or not--we all have to maybe greater or lesser extent. This supersedes that. So this is what the bible says about human value & what motivates me to treat each person w respect, whether the worst criminal or an upstanding citizen. So of course. LGBT persons would fall w in that spectrum between the worst & best humans who have value. Several of you have seemed to feel that I devalued homosexual children or adults by saying that is sin. At that time I did not clearly express that in my view, value is NOT dependent on whether someone sins or not. & I think underlying the previous discussion was a feeling that I had devalued those people which was not the case. You may well disagree w me, but I hope this clarifies where I am coming from. I think valuing people is even more important than respecting them as it transcends beliefs & actions. Some may grasp & appreciate what I am writing whether you agree or not & others won't. & Christie, I know you are being like a Mother bear in defense of your son. Consider which would be worse to say to him. That he is a sinner or that he is worthless? We all are sinners, but it seems to me telling someone they are worthless (or a waste of human flesh) would be the ultimate in demeaning someone. Your son, whom I know you love is of value! I hope you understand what I am saying. You obviously know he is of value, I am affirming that I also see him as a person w value.
shelly January 29, 2014 at 10:25 AM
Kathi, What is the "LGBT version of tolerance"? This is a sweeping generalization. I suggest that you read back on some of your comments. Historically it has always been about the comfort level of straight people. Comfort level changes over time. And it will in this case. Your religion dictates your behavior but your religion should not dictate society's behaviors and laws. You can believe what you want, Kathi, but others do not have to agree with you.
Shripathi Kamath January 29, 2014 at 11:47 AM
shelly January 29, 2014 at 10:25 AM Kathi, What is the "LGBT version of tolerance"? ____________________________________________________ It's probably the version reserved for God's abominations. Some of them are so intolerant that they insist of being married and ruining the sanctity of Newt Gingrich's three marriages.
ChristieD January 29, 2014 at 11:55 AM
ChristieD January 29, 2014 at 08:54 am LOL Kathi....again deflecting from your comment that I brought up religion.....as for this statement: "You claim to be a Christian but side w an atheist. You don't seem to realize how judgmental your comments here & in the previous discussion are. You are also displaying your extreme intolerance for what was a sincere expression of my faith prompted feelings in response to that statement that essentially called me worthless." Funny that you call me out for "extreme intolerance" in merely pointing out your falsehood that I "was the one who brought up religion." I was not involved in calling you worthless so don't attach that with me; the point being that you say this has nothing to do with religion, and yet YOU bring it up. As for me "claiming to be a Christian yet siding with an atheist:" I don't claim to be a Christian, I AM a follower of Christ. As for siding with an atheist; if the atheist is right, more educated on the issue, and more merciful then YES I do side with THEM. As for fundamentalism; typical of a fundamentalist to question my Christianity because I don't agree with them. SO TYPICAL!
ChristieD January 29, 2014 at 11:59 AM
@ Kathi: as for intolerance and fundamentalism. You say that fundamentalism focuses on the tenants of the Bible even if they are unpopular. Christ himself focused on love and called out the fundamentalists at every opportunity. Today's fundamentalists focus on everything that Christ did NOT focus on: LGBTQ issues, abortion, gun control, and cutting welfare. Progressive Christians focus on what Christ promoted: mercy, nonjudgement, love, caring for the poor, etc. In spite of that, I am not questioning your Christianity but feel free to question mine as you continue and want to do.
ChristieD January 29, 2014 at 12:09 PM
@ Kathi regarding my son. God is more of a Mama Bear to my son than even I am and the "church" will answer for alienating God's creation in the LGBTQ community. And this statement: "Consider which would be worse to say to him. That he is a sinner or that he is worthless?" One; he is a "sinner", but NOT because he is gay OR because someday he will be married to a man. Two: that is not a term that I would use, so think, consider, and view past posts before attributing that statement to me. As for telling him that he is worthless? The only one referencing any less value in comparison is one that would tell him that who he loves is not up to par with who someone else loves; that he is not included in the statement "it is not good for man to be alone." Everyone should have the right to love and be loved. Just because you don't agree shows that you think their happiness is not as important as a straight persons. And yes, blah blah blah you think being gay is a choice and angry activists and yadda yadda. You are a fan of NOM and other anti-gay organizations who spew hate and violence against the LGBTQ community so you should probably consider your words before talking about LGBTQ activists.
ChristieD January 29, 2014 at 12:14 PM
@ Shripathi: don't you know that Newt is a fundamentalist Christian? So, it's all good....he can continue to commit adultery, divorce etc. because that's not something that the fundies take issue with; they are too busy fighting against the LGBTQ community being able to marry the one person they love. Bigotry is TAUGHT, not inborn. Being LGBTQ is inborn, not taught....when did Kathi "choose" to be straight? I sure never did!
Shripathi Kamath January 29, 2014 at 12:52 PM
Sorry ChristieD, I am still trying not to drown in Kathi's lava of love when she actually asks "Consider which would be worse to say to him. That he is a sinner or that he is worthless?" Because of course, science says it can only be one. ___________________________________________________ I am actually surprised that they have not retired that line of reasoning. Decry homosexuals, work hard to legislatively deny them, and then yodel "we are all sinners." and eat at Chick-fil-A because, heck damned if I know. But you see, there are homosexual sinners and straight sinners, and God hates one kind a lot more. Coincidentally (what are the odds of that), his followers hate exactly that same kind the same way. Funny how coincidences work out. ___________________________________________________ I do not care that your son is a homosexual, I do not even care whether he gets married. But I do care that if he grows up to love someone that he wants to marry like the rest of us, then he should be able to. Why? Hey, I am getting old and closer to be perpetually heated at the melting point of tungsten on Diablo's BBQ in the supposed afterlife, but while I am alive, I want a new cellphone that puts Elton John's *and* Oprah's to shame. Or a less invasive procedure to clear my arteries, and your son might be the one that designs or invents these things. If he were not weighed down fighting silly superstition.
ChristieD January 29, 2014 at 01:20 PM
Thanks Shripathi for believing that my son should have the same rights as you. Such a small thing isn't it? Yet such a big thing for some religious folks. As for silly superstition: I kind of liken it to those who say to "pray pray pray" for the demise of the rights of anyone who believes differently; as if God is some great big slot machine in the sky where the higher the chances of winning with the more coins (prayers) you pump in.
ChristieD January 29, 2014 at 01:21 PM
"Lava of Love" hahaha...I love that. Gonna borrow from you.
Penny Arévalo (Editor) January 29, 2014 at 01:40 PM
Patch is still around. I'm still here.
ChristieD January 30, 2014 at 10:39 PM
Will do Shripathi!
Marshall February 08, 2014 at 10:41 PM
I would like to point out, where the story says two residence addressed the Board, one against & one in favor, the one that was in favor is Transgender and an employee of the district.

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