Arizona Superintendent of Public Instruction Tom Horne is advising schools to consult their lawyers before adopting any new Title IX changes, which are slated to go into effect in the coming days.
The U.S. Department of Education made changes to some of the rules under Title IX, the long-time law that prevents sex discrimination for any students and staff in educational institutions that get federal funding.
The new adjustments include civil rights protections for LGBTQ+ students.
“Any sex discrimination that's based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity,” explained Jessica Sanchez, an education attorney with Udall Shumway.
There have been ten states where federal judges blocked the rules and some Republican Attorneys General took legal action to block the rules as well.
The gender identity portion of the updated language is causing a stir.
In a letter to Arizona school districts on Monday, Superintendent Horne said in part: "You may wish to delay implementing the new regulations until the legal situation is clarified.”
He goes on to say, “In the past, I’ve been asked by districts as a policy matter, about their consideration of rules permitting biological boys who have male genitalia being allowed in girls' bathrooms, locker rooms, and showers. My response was there should be a unisex bathroom available and if there is no room for them, the faculty bathroom should be used for that purpose.”
“If they start to enforce it and the legal situation says it goes back to the old rule, where boys are boys and girls are girls, then some people might be damaged in the meantime,” Horne told ABC15 in an interview Tuesday.
Kelley Dupps, the inclusive policy manager for GLSEN Arizona, an LGBTQ+ advocacy group, says politicians and others are being hung up on the gender identity portion and using trans students as “political foil.”
He said all students should be welcome and there should not be any barriers for kids.
“I'm not sure there's a compromise on humanity,” Dupps said. “Because what this boils down to is you have a person in front of you telling you who they are and you're not believing them… ‘You're not a boy. You need to go over here and use this room.’ Even using the nurse’s room. I think you know people should be accepted for who they are.”
