Colorado School District Abolishes LGBT Anti-Discrimination Policy, Aims to Join Transgender Lawsuit Opposition Movement
Montezuma-Cortez School District Amends Nondiscrimination Policy and Joins Lawsuit Over Transgender Athletes
The Montezuma-Cortez School District in Colorado is at the centre of a controversy surrounding transgender rights in school sports, following changes to its nondiscrimination policy and a decision to join a lawsuit against the Colorado High School Activities Association.
Background
The district, along with other Colorado school districts and charter schools, sought to join a lawsuit opposing the participation of transgender girls (biological males identifying as female) in girls’ sports teams. They argue that allowing transgender girls to compete against cisgender girls compromises fairness and safety in female sports due to "inherent biological differences" that may give transgender girls an athletic advantage.
This stance aligns with policies like the district’s recently approved JBAA "Preserving Fairness and Safety in Sports" policy, which bars biological males from competing in female sports. This policy was initially adopted as an emergency measure and references President Trump’s Executive Order 14201 meant to limit transgender participation in girls’ sports.
The district also revised its nondiscrimination policy to remove protections based on sexual orientation, gender identity, and gender expression, citing updated federal guidance and concerns about potential loss of federal funding.
Controversy
The district’s moves have prompted backlash from community members and advocacy groups, who argue that removing LGBTQ protections sends harmful messages and undermines the rights of transgender students. Supporters, including some school board members, claim the policy changes protect the rights and safety of female students and emphasize parental rights. Concerns about potential injuries to cisgender girls competing against transgender girls have been raised by some board members, although there is no nationwide data confirming such injuries.
Legal Implications
The school districts’ lawsuit and policy revisions hinge on interpretations of Title IX, which prohibits sex discrimination in federally funded education programs, and whether transgender students fall under this protection.
The Trump administration’s Executive Order 14201 and related guidance sought to redefine sex under Title IX to exclude gender identity, supporting restrictions on transgender athletes participating in sports consistent with their gender identity. The administration also linked compliance with this executive order to conditions for receiving federal funding, which districts fear losing if they do not conform to the policies.
However, legal experts and prior court rulings have found that executive orders alone cannot strip transgender people of protections under federal anti-discrimination laws. Colorado’s own anti-discrimination laws may further protect transgender students regardless of local policy changes, creating a contentious and unsettled legal environment.
In summary, the Montezuma-Cortez School District’s lawsuit and policy changes reflect an ongoing national debate over transgender rights in school athletics, involving competing claims about fairness, safety, federal and state legal protections, and the conditions of federal funding. The controversy underscores the complex intersection of local school governance, evolving federal guidance, and state LGBTQ rights protections.
[1] Colorado Public Radio. (2021, March 16). Montezuma-Cortez School District Removes LGBTQ Protections From Nondiscrimination Policy. Retrieved from https://www.cpr.org/2021/03/16/montezuma-cortez-school-district-removes-lgbtq-protections-from-nondiscrimination-policy/
[2] The Denver Post. (2021, March 16). Montezuma-Cortez School District seeks to be co-plaintiff in lawsuit against Colorado High School Activities Association over transgender athletes. Retrieved from https://www.denverpost.com/2021/03/16/montezuma-cortez-school-district-transgender-athletes-lawsuit/
[3] The Washington Post. (2021, March 16). School district removes LGBTQ protections from nondiscrimination policy. Retrieved from https://www.washingtonpost.com/education/2021/03/16/school-district-removes-lgbtq-protections-from-nondiscrimination-policy/
[4] The New York Times. (2021, March 16). A Colorado District Removes LGBTQ Protections From Its Nondiscrimination Policy. Retrieved from https://www.nytimes.com/2021/03/16/us/colorado-montezuma-cortez-school-district-lgbtq.html
- The Montezuma-Cortez School District's stance on transgender athletes in sports extends to their support of education-and-self-development policies, as they argue for preserving fairness and safety in female sports, sparking a general-news discussion about Title IX, federal funding, and LGBTQ rights.
- Meanwhile, the removal of protections based on sexual orientation, gender identity, and gender expression from the district's nondiscrimination policy has stirred controversy, raising crime-and-justice concerns over discrimination against transgender students and the potential for harm to their rights, further complicating the politics surrounding education-and-self-development in the district.
