The right of students to designate and be referred to by their preferred names and pronouns is one of the protections for transgender or gender non-conforming (TGN) students that is currently up for debate. Maryland’s education policy, which prohibits discrimination based on race, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity, or disability, was strengthened in 2022. A specific complaint procedure and timeline were also put in place.
Title IX of the Education Amendments of 1972 serves as the federal government’s main safeguard for TGN individuals. The Biden Administration maintains that Title IX protects TGN students from discrimination based on their gender identity, despite varying interpretations of the document. Laws that take this view into account are anticipated to become adopted.
Some school policies have adopted name and pronoun policies that, according to some staff, violate their employment rights under Title VII of the Civil Rights Act as well as their rights to free speech and the practice of religion. Although employees of public schools do not forfeit their right to free speech, this right is not unrestricted. A federal court decision determined that a policy requiring the teacher to use students’ preferred names and pronouns did not infringe on the educator’s right to free speech.
Whether parental rights to direct children’s education extend to them directing school legislation on issues like use of facilities, name and pronoun choice, and parental notification of curriculum materials is currently the subject of litigation. When books with LGBTQ characters are read or discussed in Montgomery County, a group of parents are suing for the right to have their kids opt out. This would be unsustainable, and the courts have so far concurred. Up, MCEA/MSEA/NEA filed an amicus brief outlining the importance of creating a safe, inclusive learning environment for all students and the voice of educators. We hope that the equitable educational policies and practices of MCPS will be supported.
If you encounter these issues at your school, get in touch with your local UniServ director, who can assist you in consultation with MSEA’s legal team.
Refer to the Education Article, 26–704.
