NM School TRANS Policies Put Girls at Risk + Two Federal CIVIL RIGHTS Complaints Filed Against NM School Districts
- Sarah Smith

- Oct 14
- 3 min read
Dear New Mexicans,
Most New Mexicans agree that girls and boys have the right to single-sex bathrooms, locker rooms, and sports at school. For instance, a poll by Independent Women's Network found that 91% of New Mexicans believe that K-12 boys and girls bathrooms should be separated. The poll also found that 84% of New Mexicans believe sports should be separated by biological sex.
Nonetheless, some school districts across New Mexico have implemented policies that allow trans-identifying biological boys in girls bathrooms, locker rooms, and sports (and vice versa).
Please scroll below for info about:
school policies of concern in Albuquerque and Las Cruces
how these policies put girls at risk
two new Federal Civil Rights complaints that have been filed against these NM school districts

Bathroom, Locker Room, and Sports Gender Policies in Albuquerque and Las Cruces
According to Albuquerque Public Schools' Procedural Directive PJ30: Non-Discrimination for Students: Gender Identity and Expression:
"Students shall have access to the restroom that corresponds to their gender identity at school."
"Transgender students shall have access to the locker room of their gender identity and shall not be forced to use the locker room corresponding to their sex assigned at birth."
"All students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with their gender identity. Furthermore, unless precluded by state interscholastic association policies, all students shall be permitted to participate in interscholastic athletics in a manner consistent with their gender identity."
Similarly, according to Las Cruces Public Schools' Regulation JBD: Gender Inclusive Schools:
"Students shall have access to the restroom that corresponds to their affirmed gender identity at school."
"Students shall have access to the locker room that corresponds to their affirmed gender identity."
"All students shall be permitted to participate in physical education classes and intramural sports in a manner consistent with their affirmed gender identity."

How Trans-Affirming Policies Put Girls at Risk
When biological boys are allowed in girls' bathrooms, locker rooms, and sports teams, that puts the girls at-risk. For instance:
A 12 year old girl was raped in a Rio Rancho school bathroom: https://www.iwf.org/2023/06/20/new-mexico-middle-school-student-alleges-she-was-raped-inside-new-mexico-school-that-embraces-trans-bathroom-policies/
Girls can be severely injured when they are forced to play sports against boys. As an example, high schooler Payton McNabb in North Carolina suffered severe head and neck injuries after a transgender athlete spiked a volleyball into her face. Payton has suffered long-term effects from her injuries, including partial paralysis, impaired vision, learning disabilities, constant headaches, and depression. https://wlos.com/news/local/volleyball-player-injured-after-transgender-opponent-spiked-ball-at-her-speaks-out
Two New Federal Civil Rights Complaints Filed Against LCPS and APS
The national grassroots organization Defending Education has recently filed Civil Rights complaints against Albuquerque and Las Cruces Public Schools because of their gender inclusive policies. These complaints cite violations of Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et. seq, and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. The complaints also cite violations of recent Executive Orders related to sex discrimination in federally funded programs.
Here are links to the two complaints:
Las Cruces Public Schools Complaint - https://defendinged.org/complaints/defending-ed-files-civil-rights-complaint-against-las-cruces-public-schools-for-title-ix-and-equal-protection-clause-violations/
Albuquerque Public Schools Complaint - https://defendinged.org/complaints/defending-ed-files-a-civil-rights-complaint-against-albuquerque-public-schools-for-title-ix-and-equal-protection-violations/
These complaints seek to hold LCPS and APS accountable by requiring them to "act swiftly to remedy unlawful policies and practices, and order appropriate relief."

We appreciate the national attention these Federal complaints bring to these important issues that are impacting NM children. If you know of other NM districts with concerning gender inclusion policies, please let us know.
Standing with you for children's health in New Mexico,
Sarah, Karen, and Melanie
New Mexico Freedoms Alliance
National Coalition for Health Integrity



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