The state of LGBTQ legislation in Alaska

Governor Dunleavy announced Senate Bill 96 and House Bill 105 on March 7, known as the Parental Rights in Education Bill. Previously, parents were required to be notified two weeks before a school activity or class discussed “human reproduction or sexual matters.” These bills amend existing state law to require that discussions of gender identity be added to this list, and require that parents provide written permission for the child to participate in that activity. 

In addition, SB 96 and HB 105 require written parental permission before the name or pronoun of a student is changed in school records, school IDs, or in-person. These bills also require that parents are informed in writing about their “right to pursue legal action against a school district if the parent's rights have been violated.”

They also require that schools adopt “procedures to address the physical safety and privacy of students in locker rooms and restrooms through the separation of students by biological sex, access to single occupant facilities, or other safety and privacy protocols”

In a March 15 Joint House and Senate Education Committee meeting, Student Advisor Elect Felix Myers and Student Advisor Maggie Cothron, both of whom are high schoolers, spoke up against the Parental Rights in Education Bill. 

“Gender identity is a very vague term,” said Myers, “How can we talk about historical figures without talking about their gender? With Martha Washington, are we now going to have to send out permission slips before talking about the fact that she was the wife of George Washington?” Meyers called into question the ability of educators to effectively teach subjects if they have to avoid the topic of gender identity. 

“I think, as our goal is to provide a high quality education to every single student, it’s important to address that this bill would severely diminish the ability of the education for many of the students, especially as we move into a time where many more students are finding themselves,” said Myers.

In a video uploaded to Twitter on March 8, the Governor insisted that these bills would not remove LGBTQ rights. Instead, Dunleavy said that this legislation “affirms the rights for parents to be part of the discussion … to give permission whether they want their child or children in programs, in classes, part of clubs, – you name it – talking about issues involving sexuality or gender.”

Since the bills have been introduced, HB 105 has been discussed in three House education meetings, the most recent of which, held on March 30, was over five hours long. SB 96 has not been in discussion in any committee meetings.

According to a memorandum from the State of Alaska Legislative Affairs Agency, a non-partisan support agency for the Legislature, the bill may be considered unconstitutional under the Privacy Clause of the Alaska State Constitution. 

The Privacy Clause reads, “The right of the people to privacy is recognized and shall not be infringed.” 

According to the memo, there are two categories in right to privacy cases: claiming personal autonomy, and protecting sensitive information from the public. This legislation could violate the second part. 

The memo said that stopping a transgender or gender nonconforming student from using a bathroom of their choice may publicly disclose they are transgender or gender nonconforming, violating their right to privacy.

According to the Alaska Beacon, this legislation is unlikely to pass, as it lacks support from the Senate. However, this is only the first in a long line of recent legal actions with potential effects for LGBTQ individuals in the state.

This legislation comes after ProPublica and the Anchorage Daily News reported that the Alaska State Commission for Human Rights deleted language protecting LGBTQ Alaskans from many forms of discrimination and stopped investigating complaints. 

In response to this news, UAA Chief Diversity Officer Jennifer Booz sent out an email to the UAA community on March 15. Booz wrote that many people have written in with their concerns about this changing language and said, “​​At UAA, we foster an inclusive, welcoming and respectful campus community that promotes diversity, equity and an appreciation for each unique member of our academic community. We honor diverse experiences and perspectives, including differences in gender, gender identity and sexual orientation.”

The email said that UAA is guided by the Notice of Nondiscrimination, which includes gender identity and sexual orientation among its protected statuses.  

House bill 99 was introduced to the legislature on March 8, which is a bill to prohibit discrimination based on sexual orientation or gender identity. This bill was also introduced days after the ProPublica and Anchorage Daily News report. 

‍According to Alaska Public Media, this bill is sponsored by the state’s first openly queer lawmakers. This bill is still under discussion in the House.