Superintendent Arntzen against new federal Title IX rule change

Superintendent Elsie Arntzen speaks in front of the Montana State Capitol on May 1, 2024. (Photo by Nicole Girten/Daily Montanan)

Superintendent Elsie Arntzen joined by about a dozen supporters spoke against federal government changes in Title IX policies to include protections for LGBTQ+ students at a press conference outside the Montana State Capitol on Wednesday.

Arntzen characterized the rule change as an “attack on young women and biological sex” based on a “dangerous ideology being pushed by fringe organizations.”

The U.S. Department of Education announced changes in April to Title IX sex discrimination protections to prohibit discrimination against LGBTQ+ students or employees based on sexual orientation, gender identity and sex characteristics.

The department made the change citing the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which extended the protections in the Civil Rights Act to include sexual orientation and gender identity.

The changes are set to go into place on Aug. 1, but before then, Arntzen said state laws passed in the last legislative session are the law of the land. These include Senate Bill 458 defining sex as binary and House Bill 361, which creates a loophole for misgendering from being considered discrimination in the state. There are currently three lawsuits against SB 458.

Arntzen joins other Montana GOP officials bucking the rule change from President Joe Biden’s administration, including Attorney General Austin Knudsen, who joined a coalition of other states suing the federal government regarding the change.

When asked if schools would be risking federal funding if they bucked federal government regulations as she is directing, Arntzen said “there’s always a risk,” but said there’s a lot of time for the courts to potentially intervene before Aug. 1.

She said if schools change their policies before the federal rule change goes into effect, they are breaking the law.

“Montana law trumps it right now,” she said.

Lance Melton of the Montana School Board Association told the Daily Montanan Title IX takes precedence over any state law unless the courts enjoin the new rule prior to its effective date, which is possible.

“We are preparing model policy changes while we wait to see what lies ahead and will take the necessary steps to ensure that our members have the resources they need to ensure compliance with applicable local, state and federal laws,” Melton said.

Arntzen is running in the Republican primary in Montana’s eastern congressional district. She has used anti-LGBTQ rhetoric as part of her campaign in a crowded race.

In response to criticism of her job performance from Republican legislators, Arntzen said part of her accomplishments in office was fighting “the radical transgender agenda” and said she was being attacked for being a conservative.

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