The Oklahoma Bar Journal September 2022

and respectful learning environ ment for cisgender and transgen der students. 48 Likewise, the 9th Circuit concluded that cisgen der students’ Title IX and consti tutional rights were not violated by the school district’s policy that allowed transgender students to use school bathrooms and locker rooms that correspond with their gender identity. 49 Moreover, public schools are facing lawsuits for substantial monetary damages for alleged discrimination against transgen der students due to excluding transgender students from bath rooms corresponding with their gender identity. In December 2021, a Missouri jury found that a school district discriminated against a transgender male student by denying him the use of the boys’ bathroom and locker rooms and awarded him $4,000,000 in damages. 50 As evidenced by these cases, public school districts throughout the nation continue to struggle with issues regarding transgender students at school. For the most part, public schools have adopted gender-neutral dress codes and have allowed transgender stu dents to change their legal name or gender with appropriate doc umentation. Public schools have also generally provided for trans gender and gender nonconform ing students to be addressed by a name and pronoun corresponding to their gender identity regard less of whether the student has obtained a court-ordered name or gender change. These students are treated like other students who are allowed to use a nick name or preferred name. Every Oklahoma school district is required to have policies to pre vent bullying. A school district’s OTHER ISSUES

bullying and nondiscrimination policies should prohibit harass ment and discrimination against students based on the student’s sexual orientation as well as gen der identity and/or expression, address appropriate accommoda tions, establish consequences for those who harass and discriminate and set a tone allowing students to feel safe to report harassment. On March 30, 2022, Gov. Kevin Stitt signed into law Senate Bill 2, which prohibits transgender women or girls from competing in athletics sponsored by public schools, colleges or universities. The new law provides for a private cause of action for injunctive relief as well as monetary damages against any school that allows a biological male to participate on a girls sports team. 51 Similar laws are under attack in other states. A transgender female

student in West Virginia sued the West Virginia State Board of Education and her school district after being informed she would not be permitted to join the cross country and track teams based on a statute that prevents males from participating on athletic teams for females, women or girls. The student challenged the law as violating Title IX and the Equal Protection Clause. In denying the motions to dismiss filed by both the Harrison County Board of Education and the West Virginia Board of Education, the court noted that the United States Supreme Court in Bostock ruled that discrim ination on the basis of a person’s transgender status is discrimina tion on the basis of sex. 52 Another issue many public schools have addressed concerns gay rights or gay/straight student organizations on campus. The

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THE OKLAHOMA BAR JOURNAL