Arkansas Governor Sarah Huckabee Sanders announced on Thursday that the state will not adhere to a federal regulation designed to safeguard the rights of transgender students in schools across the country. This decision aligns Arkansas with other Republican-led states that are also choosing to defy the recently implemented guidelines.
Sanders has taken action by signing an executive order that ensures the enforcement of restrictions on transgender students’ bathroom usage and pronoun usage in Arkansas schools. However, these laws may be rendered invalid by the new regulations regarding the implementation of Title IX.
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Sanders sent a strong message to Joe Biden and the federal government, stating that they will not comply. He made this statement during a news conference at the state Capitol.
Last month, a regulation was finalized to provide clarity on Title IX, a significant law enacted in 1972 to combat sex discrimination in schools and colleges that receive federal funds. The regulations explicitly state that Title IX prohibits discrimination based on sexual orientation and gender identity. Sanders criticized these amendments, claiming that they represent a complete reinterpretation of the law.
Sanders’ order is in line with actions taken by other states like Texas and Oklahoma, who have instructed schools not to adhere to the new regulation. Several lawsuits have also been filed in federal courts in Texas, Alabama, Louisiana, and Kentucky, all challenging the rule. This multiplicity of challenges increases the likelihood that one of them will successfully halt the implementation of the rule nationwide.
Sanders has issued an order in response to Arkansas’ recent actions to limit the rights of transgender youth. The state is currently appealing a judge’s ruling that overturned its ban on gender affirming care for minors, which was the first of its kind in the nation. Additionally, a lawsuit has been filed against the state by a group of transgender, nonbinary, and intersex individuals who are challenging the decision to discontinue the option of selecting “X” instead of male or female on state-issued driver’s licenses and identification cards.
Megan Bailey, spokesperson for the American Civil Liberties Union of Arkansas, expressed strong opposition to the act, stating that it blatantly disregards laws put in place to safeguard against discrimination. Bailey further emphasized that the act poses a direct and forceful assault on the rights and liberties of LGBTQ individuals in our state.
Sanders has issued an order directing the state education department to provide schools with clear instructions, emphasizing that Arkansas law must not be disregarded. The order references the state’s existing legislation regarding bathrooms, pronouns, and limitations on transgender athletes’ participation in certain sports teams. While the Biden administration’s rules aim to prevent sex-based discrimination, they do not offer specific guidance on transgender athletes.
Brandon Wolf, the senior director of political communications and national press secretary at the LGBTQ advocacy group Human Rights Campaign, issued a warning about the potential consequences of the state’s refusal to comply. He emphasized that such a decision could result in significant financial losses for the state.
In a statement, Wolf expressed his disappointment, remarking, “It seems that some individuals, who are solely focused on their own interests and political standings, are willing to make this sacrifice.”
Sanders stated that if any loss of funding occurs as a result of the new regulations, the state will take legal action.
