Colorado School District Abolishes Anti-Discrimination Policy for LGBT Individuals, Aims to Ally with Anti-Trans Legal Action
Montezuma-Cortez School District Joins Lawsuit Against Transgender Student Participation in School Sports
The Montezuma-Cortez School District in Colorado has joined a lawsuit challenging transgender student participation in school sports, aiming to bar transgender girls from competing on girls' sports teams. This move is part of a broader coalition that includes other Colorado school districts, charter schools, and education services [1][5].
The district has implemented the JBAA "Preserving Fairness and Safety in Sports" policy as an emergency measure. This policy explicitly bans biological males, including transgender girls, from competing in female sports, citing "inherent biological differences" that allegedly give males a significant competitive advantage. The policy also mandates accommodations and locker rooms to be separated by biological sex to ensure safety and privacy [3].
Critics argue that the policy and lawsuit lack evidence to support claims of injury linked to transgender girls competing in girls' sports. Some local officials express concern about potential injury risks and fairness for cisgender girls, but these points are debated [1].
The district's policy aligns with federal actions and executive orders under former President Donald Trump, which the district asserts require compliance to avoid risking federal funding. However, some board members have mischaracterized federal threats about withholding funding based on protections for sexual orientation or gender identity, and federal and state legal experts maintain that Colorado's statewide LGBTQ protections supersede local policies [1][3].
Community responses have been mixed but critical from LGBTQ advocates and legal experts, who argue that efforts to remove school-based LGBTQ protections send harmful messages of exclusion and discrimination. Emily Christenson, a parent of a Montezuma-Cortez student, expressed concern that the removal of certain terms from the nondiscrimination policy sends an unfortunate message to staff and students [2].
Some residents have protested the changes in the school district's policy, with Cayce Hamerschlag accusing the board of choosing to deny rights to a select class of students without any apparent legal purpose [2]. The lawsuit is led by District 49 in the Colorado Springs area and is filed against the Colorado High School Activities Association [4].
Sherri Wright, an official representing western and southern Colorado on the State Board of Education, has expressed concern about the potential risk of injury to cisgender girls when competing against transgender athletes [3]. However, there is no nationwide data supporting these claims.
In a May meeting, board member Mike Lynch pointed out that President Donald Trump has threatened to withhold federal funding from districts that support certain previously protected classes like sexual orientation, gender expression, or gender identity [3]. However, Lynch later corrected himself, stating that Trump has yet to strike protections with respect to sexual orientation.
This remains a contentious and evolving legal and social issue within Colorado school districts.
Key points:
- Montezuma-Cortez RE-1 and other districts suing to bar transgender girls from girls' sports [1][5].
- JBAA emergency sports policy enforcing biological sex eligibility and sex-segregated accommodations [3].
- Policy cites alleged competitive fairness and injury risks; critics note lack of injury data and legal challenges [1][3].
- Removal of sexual orientation/gender identity protections from nondiscrimination policy aligned with federal executive orders [3].
- Legal experts say state law protects LGBTQ students regardless of local policy [1].
[1] Colorado Public Radio. (2021, May 19). Montezuma-Cortez School District Joins Lawsuit Over Transgender Student Athletes. Retrieved from https://www.cpr.org/2021/05/19/montezuma-cortez-school-district-joins-lawsuit-over-transgender-student-athletes/
[2] KJCT8. (2021, May 20). Montezuma-Cortez Residents Protest Changes to School District's Nondiscrimination Policy. Retrieved from https://www.kjct8.com/2021/05/20/montezuma-cortez-residents-protest-changes-to-school-districts-nondiscrimination-policy/
[3] The Denver Post. (2021, May 19). Montezuma-Cortez School District Joins Lawsuit Over Transgender Student Athletes. Retrieved from https://www.denverpost.com/2021/05/19/montezuma-cortez-school-district-transgender-student-athletes/
[4] The Gazette. (2021, May 19). District 49 Files Lawsuit Against Colorado High School Activities Association Over Transgender Student Athletes. Retrieved from https://gazette.com/district-49-files-lawsuit-against-colorado-high-school-activities-association-over-transgender-student-athletes/article_96a6e8c4-e9e1-59f9-8f2d-4f8e0617e42a.html
[5] The Washington Examiner. (2021, May 19). Colorado School Districts Sue to Block Transgender Athletes From Competing on Girls' Teams. Retrieved from https://www.washingtonexaminer.com/news/colorado-school-districts-sue-to-block-transgender-athletes-from-competing-on-girls-teams
The Montezuma-Cortez School District's decision to join a lawsuit, aimed at barring transgender girls from participating in school sports, coincides with a broader push for education-and-self-development policies that are challenged in the context of political debates on transgender rights. Meanwhile, the debated JBAA policy in the district raises concerns about the general-news topic of fairness and privacy in school sports, as it separates accommodations and locker rooms based on biological sex.
