Effect of transgender decree unknown

Published 8:22 pm Saturday, May 14, 2016

Local school representatives had not been briefed Friday about legal guidance published by the United States Department of Justice and Department of Education that stated schools should allow students to use bathrooms and locker rooms according to their gender identity, even if school records or identity documents list a different sex. The directive is not legally binding, but compliance could be tied to federal funding.

“Anything we do will go through our board on guidance from our board,” Brookhaven High School Principal David Martin said.

Brookhaven School Board Chairperson Erin Smith said it was too early to tell how the directive would affect school policy, but the board will rely on guidance from the superintendent.

Subscribe to our free email newsletter

Get the latest news sent to your inbox

Outgoing Superintendent Ben Cox was unavailable Friday, and Ray Carlock, who has been training to take over the position, did not respond to a request for comment.

Lincoln County School Board President Johnny Hart also said the matter will be up for discussion at a later date.

“I don’t have an answer at this point,” Hart said Friday. “We meet Monday night, and I’m sure that will be a topic of discussion.”

Despite Gov. Phil Bryant’s insistence that schools should not enforce policies “made at the point of a federal bayonet,” the Mississippi Department of Education said Friday they would comply with the guidance.

“A safe and caring school environment is critical to a student’s ability to learn and achieve,” MDE said in a statement Friday. “The Mississippi Department of Education will adhere to Title IX of the Education Amendments of 1972, as well as the joint guidance issued today by the U.S. Department of Education and the U.S. Department of Justice.”

Republican Lt. Gov. Tate Reeves criticized the federal guidance on treatment of transgender students but stopped short of calling for defiance.

“State and local communities should not be forced to push a liberal agenda by a president out of touch with the American people,” Reeves said Friday.

The question of whether federal civil rights law protects transgender people may ultimately be decided by the Supreme Court. However, schools that refuse to comply could face civil rights lawsuits from the government, and the Obama administration could try to cut off federal aid to schools to force compliance.

“It would be wrong for the administration to withhold federal funding from public schools that choose to handle this sensitive matter in their own way,” said U.S. Sen. Roger Wicker, R-Miss. “These are local issues best decided by those who live in our communities. Once again, the courts will inevitably have to weigh in because this administration continues to impose rules without having the proper authority.”