Transgender Student Denied Attendance at Band Concert Due to School District’s Discriminatory Dress Code Policy: ACLU Files Federal Complaint
The American Civil Liberties Union (ACLU) and the ACLU of Mississippi have filed a federal complaint with the US Department of Education Office for Civil Rights (OCR) against Harrison County School District, representing the mother of a transgender teen named A.H., who was prohibited from attending her band concert while wearing a dress due to the school’s discriminatory dress code policies.
The complaint asserts that the school district has enforced sex-specific dress codes that disproportionately harm girls, particularly transgender and gender nonconforming girls. A.H., who is 16 years old, identifies as a girl, and her clothing, which conforms to feminine standards, is “critically important” for her sense of self, gender expression, and identity.
In March 2023, A.H., who wore a black dress to a regional band concert evaluation that adhered to the district’s dress code requirements for girls, was stopped by the school principal. Despite this, she was told “Boys can’t wear skirts or dresses” and that she couldn’t represent the school dressed in such a manner. Subsequently, she was given an ultimatum: either wear boys’ clothes or not participate. A.H. chose the latter and wore a button-down shirt and dress pants to continue with the concert. She felt deeply humiliated as this clothing was inconsistent with her gender identity.
Harrison County School District enforces a sex-based dress code that demands students to adhere to the attire consistent with their biological sex, according to the district’s student handbook. However, in response to complaints from transgender and gender nonconforming students about being denied the freedom to dress according to their gender identity at school-sponsored events, the board added a “biological sex” provision to the dress code during a July 2023 meeting.
Previously in May 2022, another transgender teen from the same district missed her high school graduation after being told she had to wear boys’ clothing. This student attended Harrison Central High School, sharing the same administrator who stopped A.H., and was allegedly excluded from her senior portrait for wearing a tuxedo in another OCR complaint filed by the ACLU. However, a federal judge denied a motion filed by her family, the ACLU, and the ACLU of Mississippi, seeking permission for her to wear a dress and heels.
The Harrison County School District’s hostile environment towards transgender and gender nonconforming students has been further detailed in the complaint, as A.H.’s mother also alleges various instances of tension between students and administrators over the dress code.
In one case, a gay cisgender student who identifies with masculine attire had her senior portrait excluded from the yearbook after wearing a tuxedo. Another student was pulled from the graduation line before receiving her diploma for wearing black pants under her graduation robe.
“I’m deeply concerned about the discriminatory practices within Harrison County School District that have unfairly targeted my daughter, along with other students,” said Kimberly Hudson, A.H.’s mother, in an ACLU statement. “Transgender and gender nonconforming students should not be forced to choose between participating in school events or remaining true to their gender identity.” The family has requested the OCR open an investigation into the school district based on Title IX, which prohibits sex discrimination in any educational program or activity that receives federal financial assistance.
The Biden administration recently announced an expansion of protections for students under Title IX, including those who are LGBTQ+, to prohibit discrimination based on sexual orientation, gender identity, and sex characteristics in federally funded education programs. This move formalizes a rule the administration previously proposed to strengthen Title IX protections for transgender students.
In Mississippi and other states, LGBTQ+ students are seeing their rights being challenged. On Monday, Republican Gov. Tate Reeves signed a bill requiring people to use restrooms and housing at public education institutions based on their “sex determined solely by a birth,” disregarding the fluidity of how someone acts or feels.
Rob Hill, state director for the Human Rights Campaign Mississippi, expressed concern about this development: “Instead, Governor Reeves caved to MAGA politicians, stoking anti-trans panic, flinging the doors open to harassment and discrimination, and attempting to strip basic rights from LGBTQ+ people in our state.” All Mississippians deserve “a state that allows them to exist in peace – and a government focused on making life better for all of us.”
