Parents sue private school for allegedly forcing 8-year-old transgender to 'live as a boy'

Lulu, a transgender girl, reads a book in her room at her home in Buenos Aires July 25, 2013. | Reuters/Stringer

The parents of an 8-year-old California transgender, who was born male but identifies as a girl, is suing a private school for allegedly forcing their son to "live as a boy."

The lawsuit, filed in Orange County Superior Court, alleged that Heritage Oak Private Education in Yorba Linda had refused to let the 8-year-old boy, who goes by the name Nikki, to dress as he chose, use the bathroom of his choice, and go by female pronouns.

The boy's parents, Jaspret Brar and Priya Shah, are now seeking compensatory damages from the school and demanding a change to its policies.

"Heritage Oak repudiated Nikki's core identity. It refused to use the name, pronoun, and gender corresponding to Nikki's gender identity, required Nikki to wear the boy's uniform and use the boy's restroom, and failed to address the bullying that Nikki was subjected to because of her gender identity and gender expression," the lawsuit read, as reported by Christian News Network.

The parents have since withdrawn their son from the school, stating that they made the decision after the boy tore a photograph of himself in half and declared, "I hate myself."

The complaint contends that Heritage Oak violated the Unruh Civil Rights Act, which prohibits a broad range of discrimination, including by sex or sexual orientation. The suit also alleged that the school had fraudulently advertised itself as nondiscriminatory and focused on the "whole child."

In response to the lawsuit, the school said in a statement that it needed time to contemplate how it would educate elementary students about gender identity.

"Due to the sensitivity of the issue and age of the child, we believed we needed expert guidance regarding timing ... process and age-appropriate communication," the statement read.

The school also claimed that it hired an outside consultant and had been communicating with the family to discuss accommodations, but the parents rejected the offer and decided to withdraw the child from school.

The parents' lawyer, Mark Rosenbaum, refuted the school's claims that the problems came down to miscommunication or speed of action. He asserted that the school had "created roadblocks and ultimately refused to meet the undisputed needs of a young transgender student in their care."

Apart from the policy changes, punitive damages and attorney's fees, the parents also want the school to incorporate discussions of transgenderism in its curriculum. The 8-year-old is expected to attend a public school in Orange County this year.