Recently, the Department of Education (DOE) launched an investigation into the Bellmore-Merrick Central High School District alleging that the district let a male student try out for a girls’ volleyball team. In the official press release, the DOE (ed.gov) affirmed, “[Bellmore-Merrick] maintains policies or practices that discriminate on the basis of sex by permitting students to participate in sports based on their ‘gender identity,’ not biological sex. These policies jeopardize both the safety and the equal opportunities of women in educational programs and activities.” Additionally, DOE Assistant Secretary for Civil Rights Kimberly Richey was quoted in the article: “In the same week that the Supreme Court hears oral arguments on the future of Title IX, [the Office of Civil Rights] is aggressively pursuing allegations of discrimination against women and girls by entities which reportedly allow males to compete in women’s sports. Time and again, the Trump Administration has made its position clear: violations of women’s rights, dignity, and fairness are unacceptable… We will leave no stone unturned in these investigations to uphold women’s right to equal access in education programs—a fight that started over half a century ago and is far from finished.”
The conflict lies between federal and state laws because New York State laws protect transgender students and allow them to participate in sports/use the facilities that align with their gender identity. However, that is in direct violation of the aforementioned Title IX precedent and recently signed Executive Order 14168 by President Donald Trump that recognizes that there are only two sexes: male and female. Additionally, Title IX has been the primary federal law that the Trump Administration has been citing to support bans on transgender athletes playing on female sports teams.
According to Newsday (newsday.com), the DOE investigated Bellmore-Merrick Central being in violation of Title IX “over its policies regarding gender identity and sports participation.” According to the U.S. Department of Education’s official website (ed.gov), Title IX is a part of the Education Amendments of 1972 that “prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.” Title IX specifically protects against failure to provide equal athletic opportunity, which Bellmore-Merrick, among other districts, is explicitly in violation of.
In response to the accusations, according to News 12 Long Island (news12.com), the Bellmore-Merrick district released this statement: “The Bellmore-Merrick Central HS District has always focused on supporting all students, respecting due process, and fulfilling its legal obligations. At all times, the District acted in full compliance with all laws and regulations. Bellmore-Merrick has followed the guidance and legal framework governing New York State public schools issued by the NYS Education Department.” Section VIII Athletics has yet to release a statement regarding the issue. Moreover, also according to News 12 Long Island, President and Founder of New York LGBT Network David Kilmnick has opined that Bellmore-Merrick is justified in their actions being that “New York state law is clear. Transgender students are entitled to participate fully in school life, including athletics, in a manner that’s consistent with their gender identity. So, the Bellmore-Merrick School District is doing exactly what it’s supposed to do.” Also according to News 12 Long Island, J.P. O’Hare, spokesperson for the NYS Department of Education, has said that the U.S. Department of Education has declared that education is a “state responsibility” but still continues to get involved with state affairs. He further asserted that the “[NYS ED] will stand with Bellmore-Merrick Central High School to ‘protect the civil rights of all New York students.’” However, when there are any contradictions between state and federal law, the Supremacy Clause can be enacted that states that federal law trumps state law. Effectively, making the school district’s and supporting claims moot.
