A “parental rights” education bill proposed by Gov. Mike Dunleavy could be found to violate the state’s constitution, according to an agency charged with analyzing proposed legislation in Alaska.
“will likely raise challenges” under the Alaska constitution’s privacy clause, which is one of the strongest in the nation and has been used to defend abortion access in the state.
A spokesperson for Dunleavy did not respond to a list of questions, including whether the governor had considered the prospect of legal challenges when crafting the bill. Instead, spokesperson Grant Robinson said the bill “does not dictate a particular approach but only requires that schools ensure the safety and privacy of all students” and said that schools can offer single occupancy facilities to avoid violating the rights of transgender students.
Armstrong, the Anchorage Democrat who requested the legal analysis, said that “privacy is something that is very top of mind for gender nonconforming kids,” and that some children may feel unsafe about sharing their gender identity with their guardians. “Legislators don’t generally care if something is unconstitutional. You can look at so many different laws that are passed and just be like, ‘what are these people smoking?’” said Shortell.
“The state constitution privacy clause has been interpreted … to do certain things, but that doesn’t mean that in the future it couldn’t be interpreted differently,” said Shortell. But every policy included in Dunleavy’s “parental rights” bill is similar to ones that have been introduced or implemented in several other states.this year proposing bills that could forcibly “out” students who may have shared a gender identity or sexual orientation in school that they have not shared with their parents or guardians.
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