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Trump on LGBTQ Rights: Rolling Back Protections and Criminalizing Gender Nonconformity

By: ACLU
13 June 2024 at 11:06

Donald Trump’s administration initiated a sustained, years-long effort to erase protections for LGBTQ people. This included an effort to “define ‘transgender’ out of existence,” erode protections for transgender students and workers, and weaken access to gender-affirming health care that most transgender people already struggled to access.

While President Joe Biden’s administration reversed much of the Trump-era abuses, just last month on the campaign trail, Trump vowed to dismantle a new Biden administration policy that will offer protections for transgender students under Title IX, a federal civil rights law that prohibits sex discrimination in education.

The ACLU is prepared to defend the LGBTQ community, including transgender individuals, from a second Trump administration’s anticipated attempts to weaponize federal law against them. Learn more in our breakdown:

Trump on LGBTQ Rights

The Facts: Trump has promised that, if reelected, his administration will rescind federal policies that prohibit discrimination on the basis of sexual orientation and gender identity, and will assert that federal civil rights laws don’t cover anti-LGBTQ discrimination. In addition to rolling back existing protections, a second Trump administration will proactively mandate discrimination by the federal government wherever it can. Lastly, and perhaps most ominously, if Trump returns to the White House, we expect his administration to use federal law – including laws meant to safeguard civil rights – as a cudgel to override critical state-level protections for transgender students and to force state and local governments, as well as private organizations, to allow or even perpetuate discrimination

Why It Matters: A second Trump administration would strip LGBTQ people of protections against discrimination in many contexts, including employment, housing, education, health care, and a range of federal government programs. The Trump administration’s proposed policies would ban transgender people from serving openly in the armed forces and block gender-affirming medical care for transgender people enrolled in federal healthcare programs, such as Medicare. The effects of these cruel – and unconstitutional – discrimination efforts would be devastating, as thousands of transgender people would immediately lose access to needed medical care and the right to live freely without fear. In essence, a potential second Trump administration would seek to erase transgender people from public life entirely by using federal laws – including obscenity laws – to criminalize gender nonconformity.

How We Got Here: The Trump administration was openly hostile toward the LGBTQ community and vehemently opposed the Equality Act, which would have ensured that existing civil rights protections cover sexual orientation and gender identity in the way that they already do for race, disability, veteran status, and more. The Trump administration also blocked basic job protections for LGBTQ people, insisting that employers should be free to fire workers for their sexual orientation or gender identity. The Department of Health and Human Services under the Trump administration also eliminated nondiscrimination protections for LGBTQ people established under the Affordable Care Act.

Critically, the Trump administration had an enormous impact on the courts, including the Supreme Court. Getting courts to understand the experience of transgender people and the impact of discriminatory policies on their lives was difficult even before Trump reshaped the judiciary. It is that much harder today because of the viewpoints of the judges and justices Trump appointed to the federal courts and Supreme Court.

Our Roadmap: Should a second Trump administration take office, the ACLU will use the courts to affirm that LGBTQ people are protected from discrimination under federal law, to invalidate policies mandating discrimination across the federal government, and to shut down Trump’s expected efforts to weaponize the Constitution and federal laws to require discrimination against LGBTQ people by state and local governments and private entities.

Litigation is not our only pathway to push back against anti-LGBTQ policies. Congress can, and must, use the power of the purse and its oversight and investigative authorities to constrain a second Trump administration’s extreme anti-LGBTQ agenda. The ACLU will aggressively lobby members of Congress who support the transgender community to use the appropriations process, in particular, to hinder Trump’s ability to mandate anti-trans discrimination and weaponize federal law against LGBTQ rights.

The ACLU also has a comprehensive state-level plan of attack. We will advocate for states and school boards to protect LGBTQ students by enacting guidance regarding updating student names and pronouns, and by creating inclusive rules on gender-based activities, best practices for school records, and ways to support transgender students living under a federal government that discriminates against them. We’ll also urge states to support policies that prevent their governments from being complicit in a second Trump administration’s efforts to attack the legitimacy of transgender people in our world. Lastly, we will mobilize public support on behalf of vulnerable children and youth to deter further draconian policies and help reshape the political narrative around transgender justice.

What Our Experts Say: “We have seen the disastrous consequences of a hateful campaign targeting LGBTQ people and their families with discriminatory laws, forcing many from their home states and denying many more the freedom to get the health care they need to live their lives openly, and even to decide what name to go by. We are determined to use every tool at our disposal to oppose any attempt to deny LGBTQ people the freedom to live and love freely and openly.” – Mike Zamore, national director for policy & government affairs

“For four years, President Trump and his administration left no stone unturned in their effort to attack the right of LGBTQ people to live and work as who we are. We fully expect a second Trump administration to go further, weaponizing federal law to override state level protections and mandate discrimination by schools and health care providers nationwide. Regardless of the election’s outcome, we stand ready to fight to uphold the fundamental freedom we are guaranteed by the Constitution to live our lives as we choose.” James Esseks, director of the ACLU’s LGBTQ & HIV Project.

What You Can Do Today: As wave after wave of extreme measures to criminalize and strip trans people of rights and safety continue, the time to act is now. Tell your members of Congress to protect trans people from discrimination today.

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Trump on Immigration: Tearing Apart Immigrant Families, Communities, and the Fabric of our Nation

By: ACLU
6 June 2024 at 14:50

On the campaign trail, Donald Trump has promised to pursue even more extreme anti-immigrant policies if he wins a second term. These policies would disregard fundamental principles of democracy and the rule of law to devastate immigrant communities and erode freedoms for all Americans.

The ACLU is prepared to hold our executive branch to account. Just this week, we announced that we’ll challenge the Biden administration’s executive actions to illegally restrict people’s right to seek asylum – just as we previously challenged Trump’s actions. If Trump is reelected, we will continue to push to protect people and their rights against unlawful overreach. Learn more in our breakdown:

Trump On Immigration

The Facts: If reelected, Trump has promised to use totalitarian tactics to carry out the largest mass detention and deportation program in the nation’s history. Experience from smaller-scale detention sweeps shows that his proposed policies will lead to people being stopped, arrested, or detained simply because they “look foreign,” and his program will necessarily entail numerous other legal violations as well. Trump and his supporters also seek to dismantle our asylum system – creating more chaos at the border — and attack families by ending birthright citizenship and depriving undocumented children of their right to a public education. Trump has also vowed to reinstate family separation at the border – a cruel policy the ACLU blocked during his presidency.

Why It Matters: While many of the immigration policies we saw during Trump’s presidency were halted or delayed through litigation, the immigration policies we’ll likely see during a second Trump administration are far crueler, more extreme, and more fundamentally damaging to core rights and freedoms than any in living memory. If Trump is reelected, his plan to deport millions of people a year and severely restrict legal immigration will violate key legal protections – including our right to due process – and make xenophobia and racism the touchstones of American immigration policy. Simply put, these policies would harm all of us by tearing apart immigrant families, communities, and the fabric of American society.

How We Got Here: There’s no doubt that a second Trump administration will pick up and expand the anti-immigrant campaign it began in 2016. During his first term, the Trump administration instituted a Muslim ban, tried to deport Dreamers and others with temporary legal protection, separated families seeking asylum, and fought to build a wall at the U.S.-Mexico border.

Our Roadmap: Through coordinated action at all levels and branches of government, we’re prepared to fight the Trump administration’s attack on immigrant rights. We’ll call on legislators to prevent Immigration and Customs Enforcement (ICE) from conducting mass deportations and pass measures to begin shrinking the ICE detention machine. We’ll also work with states and localities to build a civil rights firewall to protect residents to the full extent possible and ensure that a Trump administration can’t hijack state resources to carry out its draconian policies. And, if Trump sends a bill to Congress that effectively ends asylum, we’re prepared to mobilize our supporters nationwide to stop it because we know that a strong majority of voters support the U.S. asylum system.

In addition to working for policy change at every government level, we’re prepared to litigate cases to protect people’s rights under the Fourth and Fifth Amendments, as well as other legal provisions, against the mass deportation program. We’ll use the full power of the Fourteenth Amendment and Supreme Court precedent to protect birthright citizenship and ensure immigrant children have equal access to education. Lastly, should a second Trump administration try to bring back family separation at the border, we’ll take them to court for violating our settlement agreement.

What Our Experts Say: “These policies have no place in a democracy that protects or respects civil liberties and the rule of law. From the courts to the halls of Congress, we will use every tool at our disposal, including litigation, to defend the rights of immigrants and protect all members of our communities from the widespread damage these policies would cause.” – Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project

“Xenophobia and racism would become the touchstones of American immigration policy under a second Trump administration, if he is re-elected. That’s why we must begin mobilizing with local and state governments now to protect communities nationwide from extreme anti-immigrant policies.” – Naureen Shah, deputy director of government affairs at the ACLU

What You Can Do Today: ICE detention is known for abuse, pervasive medical neglect, and complete disregard for the dignity of people in its custody. Needlessly locking up people seeking a better life does nothing to make our communities safer. Take action now: Tell your congress member to support cuts for ICE detention capacity.

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Five Things to Know About the Supreme Court Case Threatening Doctors Providing Emergency Abortion Care

By: ACLU
30 April 2024 at 14:21
pThe Supreme Court recently heard oral arguments in iIdaho v. United States and Moyle v. United States/i, which will determine whether politicians can put doctors in jail for treating pregnant patients experiencing medical emergencies. The ultimate decision in the case — which is expected by the summer — could have severe consequences on the health and lives of people across the country facing emergency pregnancy complications. Here’s what you need to know:/p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardThis case is about politicians trying to block emergency care for pregnant patients./h2 /div pAnti-abortion politicians brought this case all the way up to the Supreme Court to deny pregnant people access to emergency abortion care that is necessary to prevent severe and potentially life-altering health consequences, and even death. A federal law, the Emergency Medical Treatment and Labor Act or EMTALA, has long guaranteed that, in an emergency, patients can get the care they need — including abortion care — regardless of where they live. This is not a Democrat or Republican issue: Every administration from President Reagan to President Biden has recognized that EMTALA requires emergency abortion care. The Supreme Court#8217;s decision to overturn iRoe v. Wade/i did not diminish these longstanding federal protections, which override state laws that would prohibit such care, but now, extreme politicians are doing everything in their power to prevent someone experiencing emergency pregnancy complications from getting care in emergency rooms./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardThis case could have a severe impact on emergency care across the country, and these devastating effects are already playing out in Idaho. /h2 /div pWhile it considers the case, the Supreme Court has already allowed Idaho politicians to block emergency care for pregnant people using the state’s abortion ban which has no exception for health, and the impact is already reverberating across the state. For example, St. Luke’s Health System, the largest health system in Idaho, which sees hundreds of thousands of emergency department visits each year, reports that they are now transferring pregnant patients with medical emergencies out of state to get the care they need, but even that delay can also increase the unacceptable risks patients face. Not surprisingly, doctors do not want to practice in a state where they are criminalized for providing the emergency care their patients need: Since Idaho’s extreme abortion ban took effect, more than 20 percent of obstetricians in Idaho have left the state, according to a a href=https://www.idahocsh.org/idaho-physician-wellbeing-action-collaborativereport/a published by the Idaho Coalition for Safe Healthcare./p pIf the Supreme Court sides with Idaho in this case, these devastating effects on patients and doctors alike could spread to other states with extreme abortion bans, such as Arizona, and would give anti-abortion politicians around the country the green light to try to prohibit this essential, even life-saving, emergency care./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardThis case is about doctors and hospitals that want to provide care, but politicians want to stop them from treating patients. /h2 /div pThe issues in this case are about hospitals and physicians who want to fulfill their oath and provide care to patients experiencing medical emergencies, but politicians want to enforce Idaho’s abortion ban up until the moment that a pregnant person’s life is at imminent risk. “Can I continue to replace her blood loss fast enough? How many organ systems must be failing? Can a patient be hours away from death before I intervene, or does it have to be minutes?”/p div class=wp-audio mb-8 div class=wp-audio__content span class=wp-audio__episode-title is-hidden-tablet is-hidden-desktop is-size-5 is-size-6-mobile In Alabama, Embryos Are People and It Won't Stop There /span div class=wp-audio__metadata columns div class=column span class=wp-audio__episode-title is-hidden-mobile is-size-5 is-size-6-mobileIn Alabama, Embryos Are People and It Won't Stop There/span p class=wp-audio__episode-description line-clamp-3 is-size-6 is-hidden-mobile On February 16, the Alabama Supreme Court ruled that frozen embryos are children under state law, meaning the embryo has rights consistent with a person living in the United States. While this marks the first time a frozen embryo has been granted ... /p p class=wp-audio__episode-description line-clamp-5 is-size-7 is-hidden-tablet is-hidden-desktop On February 16, the Alabama Supreme Court ruled that frozen embryos are children under state law, meaning the embryo has rights consistent with a person living in the United States. While this marks the first time a frozen embryo has been granted ... /p /div div class=wp-audio__thumbnail-wrapper column img class=wp-audio__thumbnail src=https://www.aclu.org/wp-content/themes/aclu-wp/img/at-liberty_500x500.jpg alt=Cover artwork for / /div /div /div div class=wp-audio__links is-flex is-align-items-center pl-none pl-4-tablet div class=wp-audio__links-episode is-size-7 has-text-grey has-text-weight-bold p-4 a href=https://www.aclu.org/podcast/in-alabama-embryos-are-people-and-it-wont-stop-there class=visit-link p-none mb-none no-underline column span class=visit-link__textVisit this episode/spanspan class=icon caret is-dark right / /a /div /div /div pThese are some of the questions our client Dr. Caitlin Gustafson shared that some Idaho providers are now forced to consider when a patient comes in with an emergency pregnancy complication in a recent a href=https://time.com/6968774/idaho-abortion-doctors-essay/op-ed/a on the case. Politics shouldn’t matter when you’re trying to treat a patient whose condition is rapidly deteriorating before your very eyes, but that’s the exact dystopia politicians are trying to force on all of us./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardThe extremists behind this case won’t stop with abortion. /h2 /div pOverturning iRoe v. Wade/i was just the beginning. Anti-abortion politicians are using every tool at their disposal in their campaign to ban abortion nationwide, and they won’t stop there. They are also pushing a legal strategy to give rights to embryos and fetuses that would override the rights of the pregnant person. We saw what happened in Alabama when the state supreme court granted rights to embryos, which forced IVF clinics across the state to temporarily shut down services. To be clear: There isn’t a serious argument to use EMTALA to grant legal rights to embryos, but that may not stop justices from considering whether to follow the lead of the anti-abortion movement and issue another devastating blow to people’s power to make personal medical decisions during pregnancy./p div class=wp-heading mb-8 h2 id= class=wp-heading-h2 with-standardWe have the power to fight back, and we will win!/h2 /div pAnti-abortion politicians and the groups supporting them are trying to use the courts to further their agenda because the policies they’re pushing are deeply unpopular. Every time abortion is on the ballot, voters send a clear message that they want reproductive freedom to be protected. That’s why the anti-abortion movement has turned to the courts to carry out their agenda, and the scary thing is they might just be successful./p pWhile there is already federal law to protect access to emergency care, the way anti-abortion politicians are trying to manipulate their state’s ban to deny people emergency care shows why we need to put an end to state bans once and for all. We need Congress to pass federal protections for abortion rights that will end extreme bans in states and protect access to care nationwide./p

In Kansas, the ACLU Is Challenging Anti-Trans Laws in Court, and by Building Community

pIn 2023, Kansas enacted a law attempting to define “transgender” out of existence by restricting the definition of a “woman” to the biological function of producing ova. Not only does this definition negate the experiences of trans women and girls, but it also excludes entire categories of women who are not transgender, such as post-menopausal women, women experiencing reproductive challenges, and intersex women./p pDespite being passed under the dubious title “Women’s Bill of Rights,” this law has not been used to create any new protections for women, nor improve support for women’s initiatives or resources. Instead, the law has been used to incite fear among transgender Kansans and limit their ability to live freely in our state./p div class=mp-md wp-link div class=wp-link__img-wrapper a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 img width=700 height=350 src=https://wp.api.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image.jpg class=attachment-4x3_full size-4x3_full alt=LGBTQ issue image decoding=async loading=lazy srcset=https://wp.api.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image.jpg 700w, https://wp.api.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image-400x200.jpg 400w, https://wp.api.aclu.org/wp-content/uploads/2022/02/lgbtq-issue-image-600x300.jpg 600w sizes=(max-width: 700px) 100vw, 700px / /a /div div class=wp-link__title a href=https://www.aclu.org/cases/kansas-v-harper target=_blank Kansas v. Harper /a /div div class=wp-link__description a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 p class=is-size-7-mobile is-size-6-tabletFive transgender Kansans are challenging an effort by Kansas Attorney General Kobach to require the state to issue driver’s licenses with a.../p /a /div div class=wp-link__source p-4 px-6-tablet a href=https://www.aclu.org/cases/kansas-v-harper target=_blank tabindex=-1 p class=is-size-7Source: American Civil Liberties Union/p /a /div /div pKansas Attorney General Kris Kobach has claimed the new law restricts trans Kansans from updating the gender marker on their state IDs. For years, Kansas had allowed transgender residents and those born here to change the gender marker on their driver’s licenses and birth certificates. Despite having these affirming policies without any identified administrative, public safety, or other concerns, the attorney general took to the courts to pressure state agencies into removing these policies./p pIn response, the Kansas Department of Health and Environment announced a policy change banning trans Kansans from updating the gender marker on their birth certificates. The Kansas Department of Revenue, which issues driver’s licenses, declined to change its policy — prompting Kobach to sue KDOR to force a policy change in ia href=https://www.aclu.org/cases/kansas-v-harperKansas v. Harper/a./i/p pThe a href=https://www.aclukansas.org/enACLU of Kansas/a, along with ACLU’s LGBTQ amp; HIV Project and local partners, intervened in that lawsuit on behalf of five transgender Kansans to assert their right to a driver’s license that does not forcibly out them. Unfortunately, three days after the suit was filed and prior to our intervention, the judge issued a temporary order blocking trans Kansans from changing their license’s gender marker. The order, which remains in force, also requires a previously changed gender marker to revert back to the inaccurate marker when the license expires or is amended in the future./p pThis means trans people are not currently able to access accurate and affirming state identity documents in Kansas. Having an ID that reflects a trans person’s lived identity is crucial to their safety, privacy, and bodily autonomy. The research shows that lack of access to an affirming ID harms trans people, making them vulnerable to forced outing and increasing their chances of experiencing discrimination, harassment, and violence./p pThe ACLU of Kansas is going to keep fighting in iKansas v. Harper /ias long as necessary. But we also understand that trans people cannot wait months (or years) for a ruling from the courts affirming their basic constitutional rights. They must use their IDs in daily life for countless reasons, from picking up mail to purchasing items at the store. That’s why we began to partner with local LGBTQ advocates to uplift an alternative option for trans Kansans — gender-affirming ifederal/i IDs, like passport cards and passport booklets./p pTrans people can self-attest their gender when applying for a federal ID, meaning they do not need a state ID that verifies their selected gender. For trans Kansans, this means they can still obtain a federal ID that reflects the gender they live as. The ACLU of Kansas and our community partners are thrilled that despite legislative and political attacks on trans Kansans, we are still able to support our community and reduce the harm flowing from anti-trans policies in our state./p pThe ACLU of Kansas has hosted numerous Know Your Rights events and Federal ID Clinics to provide resources and reassurance to trans Kansans. People who come to these events have been relieved and overwhelmed by the community support they experience. In the face of discriminatory laws trying to erase their existence, trans Kansans are coming together to share information and support each other. The power of community persists./p pIn the wake of nationwide anti-trans legislation and rhetoric over the past few years, events where trans Kansans can come together are even more important. In a rural state like Kansas where people can feel isolated, these events are not only an opportunity for people to access the assistance they need, but they also allow folks to connect and share in their pain and in their joy. One mother I met at a virtual event was ecstatic to know she could get her child a gender-affirming federal ID before they started college. She feared that her child would not be able to enroll for college with the correct name and gender marker because of the new anti-trans law./p pDespite efforts by anti-trans extremists to try to deny our humanity, to isolate us, trans Kansans are not going anywhere. Thousands of trans people call Kansas home, and we will remain. We will continue to define our own lives, support each other, and build power. These laws may have produced a wide unknown but the power of our community is deeply rooted./p

Quiz: State Legislation and the Part You Play

By: ACLU
28 March 2024 at 12:22

State legislation can have an immense impact on your civil rights, for better or for worse. And even though state lawmakers are tasked with determining which bills get turned into laws, you hold a lot of power to make these decisions because you elect candidates into office. Take this quiz to learn about lawmaking at the state level, and how you can play a part in this process at the ballot box.

Click to see Quiz

How We're Fighting for Gender Equity Nationwide

By: ACLU
27 March 2024 at 11:54

Across the country, our affiliates are challenging discriminatory policies and practices that disproportionately affect women, and particularly women of color. From housing discrimination in Illinois, to inhumane treatment of incarcerated pregnant individuals in North Carolina, and discriminatory dress codes in Texas schools, the ACLU and its affiliates are at the forefront of legal and advocacy efforts that promote gender equality and justice for all.

Here are three ways our affiliates are stepping up:


Illinois: Challenging Discriminatory Housing Policies

The ACLU of Illinois recently joined with national and local advocates, including the ACLU’s Women’s Rights Project, to challenge the “No-Evictions” policies of two large landlords — Hunter Properties and Oak Park Apartments — in Cook County, Illinois. These policies automatically reject rental housing applicants who have had any prior connection to an eviction case. The effect is to shut out families from housing opportunities, even when the eviction case was dismissed or filed years ago. Such policies have a discriminatory effect on Black renters, and especially Black women. Analysis of data from the Cook County Sheriff’s Office found that Black women accounted for approximately 33 percent of those served with an eviction case or evicted, despite making up just 22 percent of all renters in Cook County. Black renters in general faced nearly triple the likelihood of experiencing an eviction case than non-Black renters.

The lawsuit filed against Hunter Properties, and the civil rights complaint filed with the U.S. Department of Housing and Urban Development against Oak Park Apartments, argue their respective “No-Evictions” policies have a disparate impact on Black renters, especially Black women renters, that violate the 1968 Fair Housing Act. The complaint against Oak Park Apartments also asserts that its policy perpetuates and reinforces residential segregation in violation of the Fair Housing Act. The two filings are among the first in the nation to challenge landlords’ eviction screening policies as discriminatory.


North Carolina: Challenging Inhumane Practices for Incarcerated Women

In 2021, the North Carolina General Assembly finally passed a statewide law banning correctional officers, sheriffs, and other prison staff from shackling incarcerated people during critical periods of their pregnancy and postpartum journey. The law, HB 608, also known as Dignity for Women Who are Incarcerated, came after years of advocacy by the ACLU of North Carolina and several other partner organizations, including Planned Parenthood South Atlantic and SisterSong.

A pivotal factor in the bill’s passage was an OB-GYN’s moving account of delivering a baby to a shackled woman in custody. Labor and childbirth are already intense and vulnerable experiences, and the use of restraints can exacerbate the physical and emotional pain of the mother. This story deeply resonated, even with resistant sheriffs, ultimately propelling the legislation forward.

Despite the passage of this legislation, challenges persist. Recent revelations suggest some North Carolina prisons and jails have not been in compliance with the law. Undeterred, the ACLU of North Carolina is initiating a comprehensive awareness and compliance campaign, and will be filing public record requests with the jails in all 100 counties in North Carolina, coordinating legal education seminars for the criminal defense bar and developing content on the importance of reproductive justice and the need to uphold the rights of incarcerated individuals. With these efforts, the ACLU-NC aims to ensure adherence to the law and foster a deeper appreciation for upholding the dignity of pregnant people in prison and jails.


Texas: Challenging Discriminatory Dress Codes in Schools

More than half of Texas public K-12 school districts still have discriminatory dress codes and grooming policies. The ACLU of Texas has uncovered alarming disparities in school dress codes, revealing a trend of discrimination against students based on gender, race and ethnicity, LGBTQ identity, religion, disability, and socioeconomic background. The ACLU of Texas recently published a new report that reviews policies from 97 percent of Texas school districts and highlights pervasive inequalities within them.

Some of the survey’s major findings include:

  • More than 80 percent of districts enforce vague and subjective hair standards, which could lead to disproportionately penalizing Black students.
  • 53 percent of districts uphold dress codes rooted in outdated gender norms, such as boys-only hair length policies and girls-only sleeve length policies.
  • More than 80 percent of districts prohibit head coverings without explicitly noting or explaining the religious exemptions mandated by law, harming students of diverse faith backgrounds.
  • Nearly 80 percent of districts penalize students for wearing worn or improperly sized clothing, disproportionately impacting economically disadvantaged students.

In light of these disparities, the ACLU of Texas is taking action to challenge discriminatory dress codes and foster inclusive classroom environments. They’re sending the report to every district in the state to equip students, families, educators, and policymakers with knowledge that can help identify the harms of — and solutions to — discriminatory dress code policies. The report provides advocacy tools for community members and a roadmap for school districts, outlining recommendations like removing discriminatory dress code language, establishing fair enforcement practices, and providing clear and specific dress code guidelines. The ACLU of Texas is actively working in the courts and communities to push for more inclusive dress codes.

If you’ve faced or witnessed dress code discrimination, you can share your experience to continue this advocacy.

No student should ever be punished for being who they are. Instead of discriminating against young people, we should be preparing them for their futures.

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