Arkansas Governor Sarah Huckabee Sanders made it clear that the state would not comply with a federal regulation aimed at protecting the rights of transgender students in schools. The regulation seeks to clarify Title IX, a law that prohibits discrimination based on sexual orientation and gender identity. Sanders signed an executive order stating that Arkansas schools would continue to enforce restrictions on bathroom use and pronoun usage for transgender students, even though these laws could be invalidated by the new rules. Similar moves have been made by other Republican-led states, such as Texas and Oklahoma, which have also defied the regulation and told schools not to comply.
The regulation finalized last month has sparked multiple legal challenges in federal courts across the country. Lawsuits have been filed in Texas, Alabama, Louisiana, and Kentucky, with hopes that one of them will put the rule on hold nationally. Sanders’ order is part of several actions taken by Arkansas to restrict the rights of transgender youth. The state has appealed a judge’s order striking down its ban on gender-affirming care for minors. Additionally, a group of LGBTQ residents has sued Arkansas over its decision to no longer allow the gender-neutral option “X” on state-issued driver’s licenses and identification cards.
The ACLU of Arkansas has criticized Sanders’ order as a defiance of anti-discrimination laws and an aggressive attack on LGBTQ people in the state. Megan Bailey, a spokesperson for the organization, expressed concerns over the impact of the order on the well-being and freedoms of LGBTQ individuals. Sanders’ order instructs the state education department to provide schools with specific guidance, emphasizing that Arkansas law should not be ignored. In addition to laws related to bathrooms and pronouns, the order also mentions Arkansas’ restrictions on transgender athletes’ participation in sports. The Biden administration’s new rules aim to protect against discrimination based on sex but do not provide specific guidance on transgender athletes.
Brandon Wolf of the Human Rights Campaign warned of potential consequences for Arkansas if the state refuses to comply with the federal regulation, including a significant loss of funding. He criticized those prioritizing their political profiles over the well-being of LGBTQ individuals. Sanders stated that the state would pursue legal action to address any loss of funding resulting from the new regulations. Despite the potential financial implications, Arkansas, along with other states, appears determined to resist the federal government’s efforts to protect the rights of transgender students in schools.
