A.H. : Mississippi School’s Dress Code Unfair to Transgender Students – ACLU Outraged

By | May 16, 2024

1. Mississippi School Dress Code
2. Transgender Students ACLU.

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Transgender and gender-nonconforming students at a high school in Mississippi have been unfairly targeted due to the school district’s sex-specific dress code, according to a complaint filed by the American Civil Liberties Union (ACLU) with the U.S. Department of Education.

The rights advocacy organization, representing the mother of a transgender student, alleges that the Harrison County School District’s dress code policy violates Title IX, a federal law that prohibits discrimination based on sex in schools that receive federal funds.

The school’s dress code policy for the 2023-2024 school year mandates that students must adhere to attire consistent with their biological sex, with boys required to wear shorts or pants and girls required to wear dresses or skirts.

This policy has reportedly had harmful and humiliating consequences for transgender girls and gender-nonconforming cisgender girls. In one instance, a transgender girl was blocked from wearing a dress at a regional band concert and given the ultimatum of changing into boys’ clothes or facing suspension.

The ACLU also claims that the school district has harassed transgender students, including incidents in which a transgender girl was screamed at by a teacher for using the boys’ restroom.

The mother of one affected student, Kimberly Hudson, expressed deep concern over the discriminatory practices within the school district, emphasizing that transgender and gender nonconforming students should not have to choose between participating in school events or being true to their gender identity.

Legal Challenges and Recent Developments

This complaint is the ACLU’s second attempt to challenge the school district on its discriminatory dress code. Last year, the organization sued the district for preventing a transgender senior girl from wearing a dress at her graduation ceremony, a case in which the school’s policy was upheld by a federal judge.

The complaint comes shortly after the Biden administration updated Title IX to explicitly include gender identity and sexual orientation for the first time. These changes were made in response to pressure from LGBTQ+ and women’s advocacy groups and aim to create a safer and more inclusive environment in schools.

However, the Title IX amendments now conflict with Mississippi’s recently signed transgender bathroom law, which prohibits students from using facilities that do not align with their sex assigned at birth.

Challenges to LGBTQ+ Rights

Several Republican-led states, including Arkansas, have enacted laws and restrictions targeting transgender students, such as barring them from using chosen names and pronouns in the classroom. These actions have sparked legal challenges and opposition from advocacy groups.

Republican officials, including former President Donald Trump, have expressed intentions to roll back protections for transgender students and have taken steps to challenge the Biden administration’s updates to Title IX.

Despite these challenges, advocacy groups continue to push for greater inclusivity and protection for transgender and gender nonconforming students in schools.

The Harrison County School District has not yet responded to requests for comment on the ACLU’s complaint.

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