Uncertainty in local schools as Louisiana sues feds over new rules on gender identity

Ben Franklin High School student Camille Segued speaks at a walkout event Friday, March 31, 2023, at the New Orleans school for Transgender Day of Visibility. (Greg LaRose/Louisiana Illuminator)

NEW ORLEANS — Transgender public school students are caught in the middle of a legal battle between the state of Louisiana and the federal government, and schools have no clear answers on how to proceed.

Last week, Gov. Jeff Landry announced that Louisiana — along with Mississippi, Montana and Idaho — filed suit against the federal government over newly issued rules under Title IX, a 1972 law prohibiting gender discrimination in educational institutions that receive federal funding, including public K-12 schools in the state.

The new guidelines, released by the U.S. Department of Education last month, expand the definition of prohibited sex discrimination to apply to “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” Failing to comply risks losing billions of dollars in federal funding that goes to schools around the state.

The lawsuit focuses on the requirements around gender identity. The state argues that the rule is an overreach of Title IX authority. The law, the state argues, was intended to prohibit discrimination based on biological sex alone.

“The consequences will be shocking and severe,” lawyers for the states, among them Louisiana Attorney General Liz Murrill, wrote in the April 29 complaint. “Boys and girls will be forced to share bathrooms, locker rooms, and perhaps even lodging on overnight field trips with members of the opposite sex. Adding insult to injury, they will be forced to use ‘preferred pronouns’ or else face punishment, which raises distinct Free Speech and Free Exercise problems.”

The rules, set to take effect Aug. 1, have faced backlash from other Louisiana state leaders, who have called the move an attack on women’s rights. In a letter sent out to school leaders April 22, state Superintendent of Education Cade Brumley said that the changes could contradict state law and urged schools not to follow the federal guidelines.

“The Title IX rule changes recklessly endanger students and seek to dismantle equal opportunities for females,” Brumley said in the letter.

Late last week, 17 parish school boards — including Bossier, Caddo and St. Tammany parishes, among the largest districts in the state — joined the state in its lawsuit against the Biden administration.

The revisions come during a time when Louisiana lawmakers are making a concerted effort to erode LGBTQ+ rights, with bills under consideration that would prohibit school employees from addressing students by their preferred pronouns, outlaw the discussion of sexual orientation in schools and segregate bathrooms and locker rooms based on sex assigned at birth.

Louisiana has about 4,000 students in the 13-17 age group identifying as trans, according to a 2022 report. In New Orleans, the largest and most politically left-leaning city in the state, school district leaders have not taken a stance on the issue.

Orleans Parish School Board President Katherine Baudouin declined to comment, citing a lack of information, while a spokesperson for the NOLA Public Schools district said these “complex issues are being reviewed.”

The school board previously took a stand on a related issue. In 2022, the board adopted a resolution denouncing anti-trans legislation moving through the state Legislature.

The Greater New Orleans Collaborative of Charter Schools, which 14 charter schools are a member of, said it is reviewing statements by federal and state authorities regarding the new Title IX requirements. Member schools, which include The Willow School and Warren Easton High School, all currently have similar non-discrimination policies with wording in compliance with the requirements of their respective public authorizers, like the NOLA Public Schools district, Jefferson Parish School Board and the Louisiana State Board of Elementary and Secondary Education.

“It is our policy to refrain from commenting on current or imminent litigation,” a spokesperson for the collaborative said in an email to Verite News. “We will continue to monitor this situation as we prepare for next school year.”

‘It is heart-wrenching to watch us die’

Lux Matt, a sophomore at New Harmony High School in New Orleans who identifies as trans and nonbinary, is still mourning the death of Nex Benedict, a trans high schooler who died after being bullied at school in Oklahoma earlier this year. Medical examiners have ruled the death a suicide.

Matt was in the process of receiving gender-affirming care when a statewide ban on gender-affirming care for minors took effect in January.

“People underestimate how much this affects us,” Matt said. “We grieve every single trans person that is murdered, whether they are 45 years old or 15. It is heart-wrenching to watch us die.”

Surveys have consistently shown that LGBTQ+ youth have high rates of suicidal thoughts, with transgender youth at particularly high risk. A 2019 Centers for Disease Control and Prevention survey also shows that trans and queer high schoolers were almost twice as likely to face bullying compared to their straight peers. In Louisiana, LGBTQ+ students reported in 2019 hearing anti-LGBTQ remarks regularly in school.

Matt said respecting trans kids’ names and pronouns at school helps prevent suicides. Since late 2021, they have been advocating for their and other queer and trans youths’ rights through advocacy work via Trans Queer Youth NOLA.

Matt said they have been in conversations with school leaders to keep their school safe and inclusive. For example, the school might work to allow students to use nicknames in school even if the state passes House Bill 121. The bill, which passed the state House last month and is now in the Senate, would require school employees to refer to students by the names listed on their birth certificates (known as “deadnaming”) and pronouns that align with the gender they were assigned at birth, regardless of their gender identities, unless their parents give permission to do otherwise.

The school also doesn’t have a dress code or uniform, which Matt said allows trans students to express themselves freely.

English teacher Rebecca Cavalier sponsors the gay-straight alliance at Benjamin Franklin, which she said is one of few organizations of its kind in the city. Cavalier said Ben Franklin is committed to making sure LGBTQ+ students have a safe space on campus.

“Unfortunately, schools have become these political war zones where people from the right want to control what’s going on in the classroom,” she said. “It does create a feeling of fear, and I think that’s what’s going to do the most damage. Even teachers who are allies are going to take out queer representation in their libraries because they’re afraid.”

This year, her team has carried out protests, organized email campaigns to advocate for LGBTQ+ rights and even put on a play about growing up queer in Louisiana at the state capitol, she said. With support from local advocacy groups, the school also built a queer library and a gender-affirming clothing closet at the school, she added.

“My administration probably won’t want to fully break the law, but we’ll do whatever we can to make kids feel safe,” she said. “But I don’t think that’s going to happen at other schools, which is sad. Kids are gonna feel very isolated.”

Cavalier said she’s worried the club might be seen as running afoul of yet another proposed state law next year. House Bill 122, which passed the State House last month and is awaiting debate in the Senate, would prohibit the discussion of sexual orientation in public schools, including during extracurricular activities.

But Cavalier said the group plans to hold meetings outside of school and partner with the Pride Center and other groups to avoid breaking the law. The gay-straight alliance is also putting together a working group to find loopholes in the law, Cavalier said.

“It’s hard to keep fighting because it just felt so hopeless this year, but we can’t make it easy for them,” she said.

A chilling effect

A’Niya Robinson, an advocacy strategist for the ACLU of Louisiana, said conflicting messages regarding Title IX from the federal and state levels had caused confusion among students, parents and educators statewide.

“There are a lot of different layers: there’s local law, there state law, there’s federal law,” she said. “There are folks who are knowingly injecting more confusion by filing baseless lawsuits — it really creates this chilling effect. I can easily see situations where teachers and students may be afraid to exercise their rights because they don’t exactly know what’s outlawed and what’s not.”

The ban on gender-affirming care that took effect this year forced New Orleans Center for Creative Arts sophomore Nicholas Lavender and his family to visit Rhode Island in March to access gender-affirming care. His parents, Beth Rosch and Will Lavender, said the family will return in August to take care of his medical needs.

“I’m grateful that this expansion has happened at the federal level because it’s keeping up with our continuing understanding and knowledge of what sexual identity is,” Rosch said, adding that she was frustrated with the state Legislature. “It’s an integral part of a person. It’s not a costume you put on to get into the other gender’s locker room.”

Will Lavender said he hopes school administrators will be vocal and take a stance to protect trans kids as the lawsuit progresses.

Rosch said it’s important for schools and teachers to provide all students with an inclusive and supportive learning environment.

“Children spend the majority of their waking hours at school, and that’s an enormous part of their social experience,” she said. “Just the cultural damage of these poor kids and adults [by] being told, ‘You’re not, you’re not real, you’re not true, you’re not a regular human being, you’re flawed, you’re imagining your own identity’ — that’s incredible psychological damage.”

Will Lavender said the attacks on queer and trans rights from the Statehouse have made the family feel unwelcome in Louisiana. But he hopes the NOLA Public Schools district would protect queer and trans students.

“All trans kids just want to be their normal, regular selves,” he said. “I would like to have faith that [the NOLA Public Schools district] will do the right thing, and hopefully not be afraid to get [its] hands dirty to support the kids of our city, all of them.”

This article first appeared on Verite News and is republished here under a Creative Commons license.

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