After victory for trans student rights in Cumberland, all eyes turn to Westerly
As the Cumberland School District wrestled
with and ultimately
declined to pass changes to its transgender student policies last
week, Westerly School Committee Solicitor William
Nardone provided a freewheeling and imaginative overview of a
recent United States Supreme Court decision, West
Virginia v. B.P.J., regarding the eligibility of transgender
athletes in female sports at last Wednesday’s meeting during his “solicitor’s
report.”
Credit: Mel Woods/Xtra
In the decision, SCOTUS ruled that under Title
IX and the Equal Protection Clause, schools may maintain
women’s and girls’ sports teams based on “biological sex.” The decision
permits—but does not strictly mandate—the exclusion of trans girls from female
sports, said Solicitor Nardone. The solicitor advised the School Committee that
the district should align itself with the court’s decision, even though the
ruling did not affect Rhode Island General Laws or the Department
of Education’s mandated Guidance
for Rhode Island Schools on Transgender and Gender Nonconforming Students.
Nardone went even further than the court’s decision,
interpreting the ruling’s “umbrella” to apply to spaces such as locker rooms
and bathrooms. Christian nationalist Committee member Peter Nero was
quick to point out the difficulties of enforcing a ban based on “biological
sex,” noting that birth certificates can be legally altered in many states.
Solicitor Nardone dismissed the concern and noted that the Supreme Court
decision does not address the issue of verification, and that the “day-to-day”
policing of the policy is up to the district administration.
Committeemembers Seth Logan and Lori
Wycall cited Mirabelli v. Bonta, the case that was
at the center of the kerfuffle in Cumberland. Unaware that Cumberland would
conclude that altering their policy was, at the very least, premature (if not
dangerous for the health and well-being of students), they suggested the
district ensure parents are informed if a student begins to socially transition
at school (that is, adopt names, pronouns, or the dress of a gender different
from the one assigned at birth. Committeemember Logan is fairly new to the
Committee, but Committeemember Wycall has long wanted to impose policies to
discriminate against trans children. (See: here, here,
and here.)
Though the opponents of trans girls playing sports couch
their arguments in terms of competitiveness, safety, and fairness, their true
agenda is Christian Nationalism, complete with Christian prayers
and Bibles in public schools.
Committeemember Peter Nero formerly served
as the Superintendent of the Cranston Public Schools until
his retirement in 2012. During his tenure, an atheist student, Jessica
Ahlquist (full disclosure, Jessica is my niece), was a plaintiff in
a successful
case brought against the city by the RI ACLU to
remove a Christian prayer banner from the auditorium wall of Cranston
High School West:
“We wanted to keep the banner,” said Committeemember Nero at
Tuesday night’s meeting. “We thought it was the relic. It was Christian, and
I’m a practicing Catholic, so I didn’t find a problem with it. We ended up
getting a pro bono [lawyer] from the Diocese, but the [ACLU]
won the case…
“…if the Supreme Court was empowered back in 2012, that
prayer banner would still be up … because you can see now they’re putting
Bibles in some schools, Bible studies… I had the prayer banner cut down from
the wall, and I’ve had it hidden. And someday, if [the Supreme Court] turns
that around, I’ll have it put back up.”
Here’s the transcript of the relevant parts of the committee
meeting. You can watch the video here.











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