The newly enacted Arkansas law bans transgender girls from participating in sports grades K-1 through K-12 and state collegiate sports. This law will fail the same as “black laws” did which states enacted in response to the proclamation of emancipation.
President Biden issued an executive order directing the Education Department and the Attorney General to identify states and public institutions that violate Title IX of the 1964 Civil Rights Act by June 16, 2021. He has put those entities on notice that they risk defunding if they refuse to comply with the law
The Arkansas law promulgates that transgender girls are men based on biology and have an inherent competitive advantage and should be excluded from girl’s sports.
The Supreme Court also left in place a lower court ruling that threw out a lawsuit against Dallas School District No. 2 in rural western Oregon. The plaintiffs had argued that the policy violated students’ rights to privacy and religious freedom under the U.S. Constitution as well as a federal law that prohibits sex discrimination in education.
Judge A. Wallace Tashima of the 9th U.S. Circuit Court of Appeals wrote in the February decision for Parents for Privacy v. William P. Barr et al:
“A POLICY THAT ALLOWS TRANSGENDER STUDENTS TO USE SCHOOL BATHROOM AND LOCKER FACILITIES THAT MATCH THEIR SELF-IDENTIFIED GENDER IN THE SAME MANNER THAT CISGENDER STUDENTS UTILIZE THOSE FACILITIES DOES NOT INFRINGE FOURTEENTH AMENDMENT PRIVACY OR PARENTAL RIGHTS OR FIRST AMENDMENT FREE EXERCISE RIGHTS, NOR DOES IT CREATE ACTIONABLE SEX HARASSMENT UNDER TITLE IX.”