Despite strong opposition from LGBT advocates, representatives from Texas school districts have overwhelmingly endorsed a proposal aimed at barring transgender boys and girls from participating in athletics alongside their cisgender peers.
District superintendents and athletic directors voted 409-25 in favor of using birth certificates to determine student athletes’ gender, according to results obtained by the Observer through a request under the Texas Public Information Act.
The legislative council of the University Interscholastic League (UIL), the governing body for Texas high school sports, recommended the amendment in October, and district representatives’ ballots were due this month. According to UIL, if the amendment is approved by Texas Education Commissioner Mike Morath, it would take effect in August.
“Because of the very detailed process UIL goes through, it’s usually a pretty clear-cut decision by the time it gets to the commissioner,” said Debbie Ratcliffe, director of media relations for the Texas Education Agency.
LGBT advocates say the amendment runs afoul of the UIL Constitution and Title IXof the U.S. Education Amendments of 1972.
The UIL is part of the University of Texas at Austin, and its constitution prohibits the legislative council or member districts from passing amendments that conflict with UT policy, which bans discrimination based on gender identity.
Both the council and the districts “had a duty to reject the amendment,” said Paul Castillo, a Dallas staff attorney for the LGBT civil rights group Lambda Legal.
Meanwhile, the federal Department of Education has said Title IX’s prohibition against sex-based discrimination applies to trans students, meaning the amendment could expose districts to legal liability, a federal investigation and loss of funds.
“These discriminatory athletic policies, they stigmatize transgender students by singling them out,” Castillo said. “Transgender students already face high rates of physical and verbal harassment at schools.”
See here for the background. It’s just a matter of time before a lawsuit gets filed over this, and I don’t know what the response will be if and when Title IX funds get threatened. I just hope it doesn’t get too messy or expensive when the trouble starts and this thing needs to get fixed. The Trib has more.