Arkansas Governor Sarah Huckabee Sanders has declared that the state will not comply with a federal regulation aimed at protecting the rights of transgender students in schools. This decision, which was made in defiance of other Republican-led states, was announced in an executive order signed by Sanders. The order maintains restrictions on which bathrooms and pronouns transgender students can use, despite the new regulations seeking to clarify Title IX and prohibit discrimination based on sexual orientation and gender identity. Sanders argued that these changes represent a reinterpretation of the law and stated that Arkansas will not comply with the federal government.
Several other states, such as Texas and Oklahoma, have also instructed schools to not follow the new regulation, leading to multiple lawsuits being filed in federal courts. The legal challenges increase the likelihood that the rule will be put on hold nationally, as different states seek to resist the Biden administration’s efforts to protect LGBTQ rights. In addition to the executive order, Arkansas has taken other measures to restrict the rights of transgender youth, including appealing a judge’s ruling on a ban on gender-affirming care for minors.
The ACLU of Arkansas and LGBTQ advocacy groups have criticized Sanders’ order, with spokesperson Megan Bailey calling it a clear attack on the freedoms and well-being of LGBTQ individuals in the state. The executive order directs the state education department to provide schools with specific guidance, emphasizing that Arkansas laws should not be ignored. This includes laws on bathrooms, pronouns, and restrictions on what teams transgender athletes can play on. The Biden administration’s new rules aim to protect against discrimination based on sex, but do not offer specific guidance on transgender athletes.
Brandon Wolf of the Human Rights Campaign warned that Arkansas’ refusal to comply with the federal regulations could have negative consequences, including a significant loss in funding. Despite this, Sanders stated that the state would pursue legal action in response to any funding cuts resulting from the regulations. The decision not to comply with the new rules reflects a broader political stance by some states to resist federal efforts to expand protections for LGBTQ individuals, setting up potential legal battles over the interpretation of Title IX and transgender rights in schools.
