Thursday, February 09, 2012

Suffolk, Virginia Public Schools Seek to Ban Cros Dressing

In a move that is being disingenuously described as motivated by" safety concerns" - even though zero problems have been reported - the City of Suffolk School Board appears headed toward imposing dress code regulations that would bar what they describe as "cross dressing." The move seems to be the pet project of one school board member - Thelma Hinton - who I suspect is perhaps motivated less by any real safety concerns and more by her own prejudice and/or religious beliefs. Hampton Roads overall is a backwards region and Suffolk is nowhere near the top of the list of more enlightened local cities and most likely has a higher percentage of Bible beaters amongst its citizenry. Quite frankly, the move seems guaranteed to provoke a well deserved lawsuit since transgender students will be ridden over rough shod. But then, this is Virginia, and if one is watching the actions of the Virginia General Assembly, the clear message from that GOP controlled body is that LGBT Virginians have no rights. Here are some highlights from the Virginian Pilot coverage:

Last summer, when a School Board member shared concerns about teen boys wearing long wigs, dresses and makeup to class, the principals of the three city high schools insisted they hadn't seen it. Superintendent Deran Whitney said he had heard no complaints and had observed only one boy - in jeans and a shirt - dressed in "what is traditionally viewed as female clothing."

Now, Whitney has proposed modifications to the student dress code that include a change that addresses cross-gender clothing. The regulations, to be considered by the board tonight, ban clothing "that is not in keeping with a student's gender and causes a disruption and/or distracts others from the educational process or poses a health or safety concern."

No other South Hampton Roads school division includes that type of reference in its student dress code. Board Vice Chairwoman Thelma Hinton, who initiated the dress code discussion, said Wednesday that she's pleased with the superintendent's proposal.

The gender-related dress restriction Suffolk is considering is "deeply flawed," said Kent Willis, executive director of the American Civil Liberties Union of Virginia. It's too vague to be understood by students, entirely subjective and based on gender stereotyping, which is a violation of federal law, Willis wrote in an email. "If a boy were to wear a dress to school, he would almost certainly create a buzz that could be interpreted as a distraction," Willis said, "but it would be perfectly legal for him to do it."

In June, when Hinton first raised a concern, she said teachers and parents had contacted her about male students at one school wearing nail polish, lipstick, sundresses, strappy sandals and spandex. Teachers considered it a distraction, Hinton said, but were afraid to speak about it publicly. She would not identify the school.

John Whitehead, an attorney and president of The Rutherford Institute, a Virginia-based civil liberties organization, also described the proposal as vague and added that it doesn't use the proper legal language. Students can express themselves as long as they don't cause "a substantial disruption of the orderly operation of the school," he said. "Will that really detract from learning today - a boy wearing a dress?" Whitehead said. "That's ridiculous."

At the suggestion of board member Phyllis Byrum, Whitney also is proposing a detailed dress code for employees. Those regulations list denim, spaghetti straps, flip-flops and excessively tight clothing as attire considered inappropriate. Exceptions for some of the rules would be made for special events, including "school celebrations" and "thematic instructional days."

With all the problems in public schools today, one would think that both the Division Superintendent and the School Board would have more important issues to worry themselves about.

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