Arkansas Governor Sarah Huckabee Sanders has declared that the state will not comply with a federal regulation aimed at protecting the rights of transgender students in schools. Sanders signed an executive order stating that Arkansas schools will continue to enforce restrictions on which bathrooms and pronouns transgender students can use, despite the new rules on how to enforce Title IX. This move is part of a larger trend among Republican-led states, including Texas and Oklahoma, that are defying the new regulations. Lawsuits have been filed in federal courts in multiple states challenging the rule, increasing the chances that it will be put on hold nationally.
Sanders’ order is just the latest in a series of moves by Arkansas to restrict the rights of transgender youth. The state has appealed a judge’s order striking down Arkansas’ ban on gender affirming care for minors, and a group of transgender, nonbinary, and intersex residents have sued the state over its decision to no longer allow “X” instead of male or female on state-issued driver’s licenses and ID cards. Advocates, such as Megan Bailey of the ACLU of Arkansas, have condemned the state’s actions as a defiance of laws protecting against discrimination and an attack on the well-being and freedoms of LGBTQ people.
The executive order calls on the state education department to provide schools with specific guidance and reaffirms that Arkansas law must not be ignored. In addition to laws on bathrooms and pronouns, the order references Arkansas’ law restricting which teams transgender athletes can play on. While the Biden administration’s new rules broadly protect against discrimination based on sex, they do not offer guidance on transgender athletes. Brandon Wolf of the LGBTQ advocacy group Human Rights Campaign has warned that the state’s refusal to comply could have damaging consequences, including a significant loss of funding. Sanders, however, has indicated that the state will pursue legal action for any loss of funding due to the new regulations.
The pushback against the federal regulation reflects a larger cultural and political divide over LGBTQ rights, with some conservative states asserting their independence in the face of what they see as federal overreach. The issue of transgender rights has been a contentious one in recent years, with debates over bathroom access, pronouns, and sports participation sparking heated discussions across the country. As states like Arkansas continue to resist the new regulations, the legal battles and advocacy efforts surrounding transgender rights are likely to intensify. The outcome of these conflicts will have far-reaching implications for the rights and protections of LGBTQ individuals in the United States.
