The American Civil Liberties Union (ACLU) has filed a complaint against a Mississippi public school for alleged discrimination against transgender and gender non-conforming cisgender girls in its school dress code.
The civil rights organization filed its complaint with the Department of Education’s Office for Civil Rights (OCR) on Wednesday, alleging that Harrison County School District violates Title IX, a law that bans sex-based discrimination in schools that is commonly cited in legal action protecting transgender rights.
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The ACLU complaint was filed on behalf of a mother and her 16-year-old transgender daughter, known in the complaint as simply “A.H.” The girl has been prohibited from wearing any feminine clothing and has been threatened with exclusion from school events if she didn’t comply with their policies.
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McKenna Raney-Gray, LGBTQ Justice Project staff attorney at the ACLU of Mississippi, said in an ACLU press release, “A.H.’s story is emblematic of other girls at Harrison County School District who have complained of the discriminatory dress code and hostile learning environment for LGBTQ+ students. HCSD has implemented sex-specific dress code policies that reinforce harmful sex stereotypes and create an environment where students are unfairly targeted and subjected to discriminatory enforcement practices.”
“This has resulted in the loss of valuable class time, exclusion from school-sponsored events, and significant emotional distress for A.H. and other affected students.”
In one instance, A.H. wore a black dress to a school event that complied with the school’s dress policies for girls but was stopped by the principal, who said to her, “Boys can’t wear skirts or dresses.”
Additionally, the complaint alleges that A.H. has been harassed by both faculty and students, who have often refused to affirm her gender identity, deadnaming and misgendering her repeatedly.
In one instance, a student had shouted anti-LGBTQ+ slurs at her as well as racist slurs against A.H.’s friends, devolving to the point of becoming threatening in class. The teacher did not address the issue, and after A.H. told this student to stop harassing her, A.H. was sent to the guidance counselor’s office. The vice principal then met with the students, suspending A.H. and neglecting to punish to the offending student.
Cisgender girls have been victims of the policies of this school as well, with one being dismissed from a notable school event for wearing parents on stage and another being taken away from school picture day because she wore a tuxedo.
Last month, President Joe Biden expanded Title IX protections, specifically for transgender students. This was made in response to anti-trans policies implemented by former President Donald Trump, which the expanded protections override.
This comes at a time when anti-trans bills are flooding the nation. Earlier this month, Mississippi Gov Tate Reeves (R) signed a bill that would prohibit trans people from using the bathroom they identify with in public educational facilities, allowing them to be sued.
“I’m deeply concerned about the discriminatory practices within Harrison County School District that have unfairly targeted my daughter, along with other students. Transgender and gender nonconforming students should not be forced to choose between participating in school events or remaining true to their gender identity,” said the mother of A.H. in the ACLU press release. “We urge HCSD to take immediate steps to revise its dress code policies and create a more inclusive environment where all students can thrive.”
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