LGBTQ+ Groups Band Together to Challenge School District Over “Don’t Say Gay” Policies
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In a groundbreaking move, three LGBTQ+ advocacy groups in western North Carolina have come together to challenge the state’s discriminatory “Don’t Say Gay” law. The Campaign for Southern Equality, Youth OUTright WNC, and PFLAG Asheville have fired an opening salvo in their effort to overturn the law, known as SB49, by taking on the Buncombe County School District near Asheville.
SB49 was enacted in August after North Carolina Republicans overrode a veto by Democratic Governor Roy Cooper. The legislation, also known as the Parent’s Bill of Rights, prohibits instruction on “gender identity, sexual activity, or sexuality” in kindergarten through fourth grade. It also requires parents to be notified “prior to any changes in the name or pronoun used for a student in school records or by school personnel,” with some discretion given to school administrators.
Since its passage, school districts across the state have been grappling with how to implement the law. However, the three advocacy groups argue that SB49 violates Title IX of the Education Amendments of 1972, which prohibits sex discrimination in educational programs that receive federal funding, including discrimination based on sexual orientation or gender identity.
In a complaint addressed to the Title IX Coordinator for Buncombe County Schools, the groups allege that the policies implemented by the school district to comply with SB49 create a hostile educational environment for LGBTQIA+ students, families, staff, and faculty. They argue that this violates Title IX and the school district’s obligation to provide a safe and non-discriminatory school environment for all students.
The complaint further cites a response from the North Carolina Department of Public Instruction when the Campaign for Southern Equality initially raised their allegations over Title IX. The Department stated that without a determination by the Office of Civil Rights or a court order affirming their position, they are unable to knowingly fail to comply with a duly enacted state law.
Undeterred by this response, the advocacy groups have turned to Shanon Martin, the Title IX Coordinator for Buncombe County Schools, who is responsible for enforcing Title IX in the county. They request that if their allegations of a Title IX violation are confirmed, Martin instructs the Superintendent to delay the implementation of SB49-related policies until the federal complaint against the Department of Public Instruction and State Board of Education has been resolved.
Craig White, the supportive schools director at the Campaign for Southern Equality, has stated that his team expects to file a federal complaint in January to further advance their cause.
Meanwhile, Rob Elliot, chairman of the policy committee for the Buncombe County Board of Education, has acknowledged the complexities surrounding the enforcement of SB49. He described the process as “very stressful” and a “noisy, big, complex legal discussion.” Elliot emphasized that the school district operates within a broader framework of federal and state laws that it must adhere to.
As this investigation unfolds, it remains to be seen how the Buncombe County School District and North Carolina as a whole will respond to these allegations of discrimination. The outcome of this case could have far-reaching implications not only for LGBTQ+ students in North Carolina but also for the broader fight for equality in educational institutions across the country.
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