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North Carolina Law Violates Title IX

By Charlotte Robinson, October 10, 2023

In North Carolina S.B. 49 the law known as the "Don't Say LGBTQ" law is already impacting students & creating a hostile educational environment for students. Campaign for Southern Equality has released a memo detailing the ways that it violates Title IX & urging school districts to delay implementation of the law while the NC Department of Public Instruction navigates these Title IX complications. The memo prepared by Christopher A. Brook of Patterson Harkavy, LLP & Em Seawell consulting attorney for the Campaign for Southern Equality states, “Provisions [of S.B. 49,] especially when taken together, imperil the well-being and lives of LGBTQ students. In so doing, they foster a hostile educational environment for LGBTQ students in violation of Title IX. … Schools cannot comply with Title IX while following the portions of S.B. 49 gratuitously harming LGBTQ students. The choice between Title IX & S.B. 49 is no choice at all; schools must follow Title IX.” Craig White, Supportive Schools Director at the Campaign for Southern Equality concluded, “There is no question that S.B. 49 creates a hostile educational environment. The overall impact of the law is to single out LGBTQ+ students, students from LGBTQ+ families & LGBTQ-affirming content for differential & discriminatory treatment. Because federal law takes precedence over state law & because the safety & well-being of students take precedence over all else, it is important for schools to remain on the side of non-discrimination until these issues can be resolved.” Campaign for Southern Equality based in Asheville, North Carolina promotes full LGBTQ equality across the South. Their work is rooted in commitments to equity in race, gender & class. 

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