"The law has been established for years that barring a student from single-sex facilities or activities based on that student’s gender identity because he or she is transgender constitutes sex discrimination in violation of Title IX," said Sklar in the letter. "It is per se sex discrimination because this differential treatment is based on the student’s gender transition; it is also impermissible sex stereotyping because the student is being denied access based on a failure to conform to gender stereotypes."
"Arkansas schools have been working to accommodate transgender students for years," said Sklar, "sometimes with guidance from the ACLU of Arkansas on the law. These statements from government leaders only confuse the issue, make schools subject to liability, and, most importantly, counteract the need to protect transgender students from further marginalization and susceptibility to bullying."I've asked both the governor's and attorney general's office if they'd like to repeat past repudiation of Obama's guidance.
The Department of Education and the Department of Justice released comprehensive guidance on how Title IX protects transgender youth from discrimination and harm in schools. The DOE also compiled examples of good policies and practices that schools across the country are already using.