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OSDE, Ryan Walters sued for discrimination after board denies students’ gender request

OSDE
Posted at 11:57 AM, Dec 21, 2023
and last updated 2023-12-21 17:24:22-05

TULSA, Okla. — The Oklahoma Equality Law Center and Oklahoma Appleseed for Law and Justice filed a lawsuit against State Superintendent Ryan Walters and the Oklahoma State Department of Education after they denied two students requests to change their gender on school records.

OKELC said the lawsuit is on behalf of the a student whose gender was legally changed in court however OSDE voted to not approve the change. The lawsuit claims this vote violated the Oklahoma Administrative Procedures Act, and is a violation of their rights under the Equal Protection clause of the Oklahoma and Federal Constitutions, for gender discrimination under Title IX, and for a violation of the Oklahoma Parents' Bill of Rights.

2 News previously reported on that vote. In that meeting Walters said, “We’re not going to do the transgender game.”

Oklahoma Appleseed Center for Law and Justice Executive Director Colleen McCarthy said this move promotes discrimination in schools.
“Walters and the State Board have repeatedly denied the existence of transgender students, insisting their genders are merely a fabrication of the ‘woke left’,” said McCarty. “This signaling from the board makes it clear their intent is gender discrimination against our client under Title IX which is supposed to prevent schools and educational bodies from discriminating on the basis of gender.”

This lawsuit comes as Oklahoma Governor Kevin Stitt recently signed an executive order to bar public agencies and universities from funding Diversity, Equity and Inclusion programs.

“This lawsuit sends a strong message that Oklahomans will not tolerate the government interfering with their private family affairs. Parents know what's best for their kids, and we are willing to stand up for that bedrock principle,” said McCarty

The push for parental control is referenced on both sides of the argument with Walters claiming this move is a way to give parents that control.

“When we talk about parents’ rights, we are talking about all parents – we can’t decide that we only want to protect certain ones,” said Leslie Briggs, Legal Director of Oklahoma Appleseed Center.

“That is discrimination under the law and an intentional exclusion of some of the most vulnerable students in Oklahoma. Schools should be safe and affirming for all Oklahoma students and our intention with this lawsuit is to ensure inclusion, fairness and equality are priorities for the government of Oklahoma,” Briggs said.

After the filing, Walters responded to the claim by doubling down against pronoun changes.

“Radical gender theory has led some people to fight the obvious, God-given biological nature of human beings: that there are two genders, male and female,” said Walters. “Our pronoun policy aligns with common sense, truth, and reality and protects schools and teachers from unfounded accusations of discrimination. This frivolous lawsuit, propped up by the extreme left, is an unserious distraction from the very serious business of improving Oklahoma schools for all our students.”

This lawsuit comes on the heels of several other claims filed against Walters and OSDE for variety of reasons.


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