Ban of trans & nonbinary student from TX choir highlights anti-LGBTQ+ policies
by Chris Peterson, OnStage Blog Founder
Last week, the American Civil Liberties Union of Texas filed federal civil rights complaints against a fine arts public charter school in Fort Worth, TX. The complaint was filed on behalf of a Fort Worth family with a transgender and nonbinary child who was banned from joining a prestigious Texas girl’s choir despite the choir director’s support of the student’s participation.
The student was blocked from completing their audition for the Singing Girls of Texas, and the school board then passed a new choir eligibility policy that forces students to perform with the choir that aligns with their sex assigned at birth.
“We knew there’d be bullies when my child first came out as transgender and nonbinary,” said the student’s mother. “There have been a handful. However, I never thought that the worst bullies would be grown men and women — school board members — who’ve abused their power to quite literally remove my child’s voice for the sake of personal and political advancement and religious dogma.”
The ACLU is calling for the U.S. Department of Education to open investigations into the Fort Worth Academy of Fine Arts and Keller Independent School District for alleged Title IX civil rights violations.
The complaint also details how the school board’s actions have created a hostile anti-LGBTQIA+ atmosphere at the school. These actions and the school board’s anti-LGBTQIA+ policy violate Title IX by discriminating against students who are transgender and nonbinary.
The student’s father added,
“Inclusion into Singing Girls of Texas would have given our child the best chance to grow and learn because the director of Singing Girls of Texas is a phenomenal and award-winning instructor. Unfortunately, the discriminatory actions by the board derailed our child’s choir career before it even began. This whole process has added anxiety, stress, and a level of fear into our daily lives since we spoke out against the board’s decision. Now we feel like a target has been placed on our family just for trying to allow our child to be the happiest, healthiest, and most whole version of themself and for seeking the best educational opportunities for them.”
“It is deeply disappointing that these North Texas school boards have targeted their transgender, nonbinary, and intersex students, who just want to feel as though they belong,” said Chloe Kempf, ACLU of Texas attorney. “They’ve enacted policies depriving students of books that reflect their experiences. They’ve banned students from using the facilities and from participating in the activities that align with who they are, all the while subjecting them to harassment and bullying.
We urge the federal government to intervene and end these clearly discriminatory policies before they can further harm and stigmatize LGBTQIA+ students. No matter their gender identity, sexual orientation, race, or religion, all students deserve to learn in an inclusive and welcoming educational environment.”
According to the ACLU, these policies are a violation of federal law. President Joe Biden signed an executive order in March 2021, which clarifies the Department of Education policy that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination on the basis of sexual orientation or gender identity.
Keller ISD has a documented history of bigotry against LGBTQIA+ students. This past summer, they enacted a “Facility Standards” policy, which prohibits transgender and nonbinary students from using the restrooms and locker rooms that align with their gender identity. They also set a policy that permits teachers, staff, and students to purposefully misgender transgender and nonbinary students.
The ACLU of Texas filed a previous complaint against the district for sex discrimination in November of last year when the school board voted to ban all library materials that discuss or depict what the policy calls “gender fluidity” for all grade levels.
I am both outraged and fearful of all the anti-LGBTQ+ policies states like Texas are passing. They inflict irreparable harm on their target communities, and I am terrified of what this may lead to.
While the debate on the inclusion of trans and nonbinary participation has mainly centered on sports, I am concerned that performing arts is next. Will the family of a cis-female student complain and get a teacher fired if they cast a trans or non-binary student over their daughter? I’ve seen teachers fired for less.
I’ll keep an eye on this and any other similar cases that might arise.