Civil Rights Complaint Filed Over Mississippi Public School's "Biological Sex" Dress Code
The school had previously forbidden trans and gender nonconforming students from wearing clothing that did not match their "biological sex" at graduation.
The ACLU has filed a Title IX complaint with the U.S. Department of Education's Office for Civil Rights over the consistent, deliberate, and cruel mistreatment of transgender and gender-nonconforming students in the Harrison County School District. Allegations include forcing these students to abide by a "biological sex" dress code, enduring repeated and severe harassment and bullying, and removing transgender and gender-nonconforming students from school-related functions in violation of Title IX. Previously, the school made national news for forcing a transgender girl, as well as a cisgender gender-nonconforming girl, to miss graduation for wearing a dress and pants, respectively.
The complaint was primarily brought by A.H., a transgender 16-year-old girl who attends Harrison Central High School. After being told by her band teacher that she could wear a black dress to a regional band concert evaluation, she received compliments from her fellow bandmates. However, when HCHS Principal Kelly Fuller saw her in the hallway, she balked, saying, "You know you can't wear that right? Boys can't wear skirts or dresses," and then added, "you can't represent our school dressed like that." She then forced her mother to bring "boys clothes" or threatened to send her to in-school reassignment.
The incident that appears to have triggered the complaint was not the only time A.H. has suffered harassment and abuse over her gender identity in the school district. Previously, when she entered the girls' restroom in eighth grade, she was screamed at by a teacher to the point of tears. She was then forced to use the teacher’s restroom. In ninth grade, a hall monitor confronted her on her way to the bathroom, demeaned her, and asked, "What are you?"
She also alleges severe bullying and harassment from other students with no resolution from the school. She even received a suspension after being targeted by bullying in the classroom. One student allegedly repeatedly called her a "fa***t” and a "tr***y" in the presence of a teacher while class was in session. No action was taken until A.H. stood up for herself and told the student to stop harassing her loudly in the classroom. As a result, A.H. was written up and suspended for two days.
A.H.'s story is not unique in the district: the district has recently made national news after excluding a transgender girl, as well as a cisgender gender-nonconforming girl, from their own graduation due to their attire. The transgender girl, identified as L.B., was denied entry to her own graduation for wearing a dress and adhering to the girls' dress code. Another cisgender student, identified as Jai, wore black pants to her graduation in accordance with her usual gender expression and was barred from attending. She was even told that she could remove her pants under her graduation gown, but if her pants were on under her gown, she would not be allowed to walk.
The following summer, the school released a "biological sex" dress code that mandates students "follow the dress attire consistent with their biological sex." Boys are required to "wear shorts or pants, and shirts and footwear" and are banned from wearing items commonly associated with girls, such as skirts, dresses, and blouses. Girls must "wear dresses or skirts or shorts or pants, and shirts or blouses and footwear." The policy appears to violate Title IX, as 34 CFR 106.31(b)(4) states that students cannot be subjected to different rules of behavior, sanctions, or treatment based on their sex. Numerous courts have ruled that sex-based dress codes violate Title IX, including the 4th U.S. Court of Appeals, which stated, "Based on the plain language and structure of the statute, we conclude that Title IX unambiguously encompasses sex-based dress codes."
The ACLU is seeking five remedies for A.H. and students in the Harrison County School District.
They seek an order for the district to adopt gender-neutral dress code policies.
They demand that the school stop targeting, surveilling, and disciplining students based on sex.
The school should adopt policies and procedures for promptly and equitably responding to reports of discrimination.
The school should be made to provide mandatory training for District employees about non-discrimination and compliance with federal anti-discrimination lawss
The school should issue a written apology to A.H. for discriminatory conduct.
The complaint will be a significant test of how the Biden administration handles a major Title IX complaint concerning gender identity and expression, following recent updates to Title IX guidance. Additionally, the complaint emerges in the wake of the death of transgender teenager Nex Benedict in Oklahoma, where similar longstanding allegations of harassment and abuse led to an ongoing formal investigation into the school district. More than 20 GOP-led states are suing the Biden administration over new Title IX rules, arguing that they have a right to discriminate against LGBTQ+ students despite Title IX protections. It remains uncertain whether these lawsuits will impact prohibited dress codes, which have been successfully challenged under Title IX even before the new rules.
Reading the reported incidents, I'm just like, these people are so fucking evil. They know what they are doing, they are doing it with the intent to hurt and abuse, and they are going on a power trip while doing it.
I hope A.H. and others stay strong, but good god, no one should have to live through that.
The important thing is to stay focused on our right to freedom of expression. They have to continuously stir against us. All we must do is be ourselves, ardently.