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

Transgender and gender-nonconforming students at a high school in Mississippi have been the subject of unfair treatment 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, acting on behalf of 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 for the 2023-2024 academic year mandates that students must dress in 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 negative repercussions for both transgender girls and gender-nonconforming cisgender girls. In one incident, a 16-year-old transgender girl, referred to as A.H. in the complaint, was prevented from wearing a dress at a regional band concert by school administrators at Harrison Central High School.

School principal Kelly Fuller allegedly told A.H. that she could not represent the school dressed in that manner, giving her the ultimatum to change into boys’ clothes or face in-school suspension and be excluded from the concert.

The ACLU also claims that A.H. faced harassment when using the girls’ restroom and, when attempting to use the boys’ restroom as a last resort, was shouted at by a teacher.

Kimberly Hudson, A.H.’s mother, expressed deep concern over the discriminatory practices within the school district, stating that transgender and gender nonconforming students should not have to choose between participating in school events and being true to their gender identity.

The district’s policy also affected cisgender girls who prefer masculine clothing, with incidents reported of girls being barred from participating in school activities and events for not conforming to the dress code.

This latest complaint from the ACLU follows a previous legal challenge against the school district for preventing a transgender senior girl, L.B., from wearing a dress at her graduation ceremony. The district’s sex-specific dress code policy was upheld by a federal judge in Gulfport.

The complaint comes at a time when the Biden administration recently 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, with the administration highlighting the importance of creating safe and inclusive environments in schools.

The clash between the Title IX amendments and Mississippi’s transgender bathroom law, which prohibits students from using facilities that do not align with their sex assigned at birth, highlights the ongoing legal battles over LGBTQ+ rights in education.

Several Republican-led states have enacted laws restricting transgender students’ rights, with opposition to the Biden administration’s updates to Title IX coming from various officials and organisations. Legal challenges and lawsuits continue to be filed, reflecting the ongoing debate over transgender rights in schools.