Hector Balderas joined 18 other attorneys general across the nation in filing an amicus brief in a case centering on transgender student rights scheduled to go before the U.S. Supreme Court this month. The New Mexico attorney general, in a statement, said that transgender students “should feel safe and protected in their schools just like any other children, it’s just that simple.”
The case, Gloucester County School Board v. G.G., involves Virginia student Gavin Grimm, who with the American Civil Liberties Union sued the school board for violating his Title IX rights when the board created a policy to require students to use school bathrooms that fit their “biological sex.” Grimm, a high school senior, was born female and identifies as male. A lower court ruled last year that the school board’s policy did violate Grimm’s rights, and the school board appealed to the Supreme Court. The amicus brief, which is a legal argument made in a case by people not directly involved in it, argues that discriminating against gender identity violates Title IX, the federal law that bars discrimination in the schools. “Discrimination on the basis of gender identity causes real and significant harm to both transgender people and to the amici States,” the brief reads.
The U.S. Departments of Justice and Education called on school districts around the country to include transgender students in Title IX policies in a letter sent Friday. The eight page letter outlines how school districts should address issues surrounding transgender students, including in bathroom and athletic facilities. “A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity,” the letter read. “A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so.”
The letter also said that schools can provide other options for students who prefer to use a separate facility for extra privacy. Representatives from Albuquerque and Rio Rancho Public Schools did not respond to messages from NM Political Report before press time, but a spokeswoman for Las Cruces Public Schools said they have not received the letter from the federal government.
Dozens of emails sent to Albuquerque school board members opposing a proposed change in rights for transgender students appear to have come from the same source. Last month, Albuquerque Public Schools Board of Education member Peggy Muller-Aragon publicly stated her opposition to a school directive expanding rights for transgender students. After arguing that some parents may not be comfortable with their children sharing bathrooms and locker rooms with transgender students, Muller-Aragon said she received hundreds of emails from constituents who didn’t want to see the directive go forward. In fact, Muller-Aragon received close to 100 emails about the matter on her public school board account, according to records obtained by NM Political Report. Most of these appeared to copy language from an email from one source—a local Republican Party official
The proposed directive, for which the school board heard public comment last month, would comply with a section of federal law affirming rights for transgender students in public schools.