Lynden School Board is pursuing legal action against the state over its gender inclusivity policies.

The Lynden School District, located in Washington State, finds itself at the center of a heated controversy following its decision to pursue legal action against the Washington Office of Superintendent of Public Instruction (OSPI). On Thursday, April 17, the district's Board of Directors authorized Superintendent David VanderYacht to initiate this legal action, arguing that OSPI has overstepped its authority regarding gender inclusivity policies, particularly in the realm of athletics. This resolution underscores a growing tension between state mandates for inclusivity and the district’s interpretation of its obligations under federal law. At the heart of the dispute is the claim made by Board Vice President Ken Owsley, who stated that allowing "biological males to participate in female sports" contravenes Title IX protections for biological females, suggesting that this represents a form of discrimination. Owsley’s comments reflect a significant ideological divide in the discourse surrounding transgender athletes and rights. He argued that compliance with OSPI’s directives could jeopardize the district’s federal funding, as it claims that adhering to state law may lead to violations of Title IX. In response to the district's criticisms, OSPI asserted that nothing in state law conflicts with federal law, firmly maintaining that Title IX does not prohibit students from participating in sports consistent with their gender identity. Katy Payne, OSPI’s chief communications officer, emphasized that the office is fulfilling its mandate to uphold state law and that there has been no significant controversy regarding the gender inclusivity policies prior to increased political scrutiny. The district's stance appears to be indicative of larger national trends where conservative school boards push back against more progressive state and federal policies regarding sexual orientation and gender identity. Both VanderYacht and Owsley articulated concerns that the policies emanating from the OSPI could foster a "politicized environment" in the schools, suggesting that they perceive the state laws as politically motivated rather than grounded in educational equity. Adding to the complexity of the situation is the backdrop of recent federal threats to withhold funding in states that do not comply with inclusive policies, as witnessed in the lawsuit against Maine’s legislation regarding transgender participation. As the legal landscape surrounding these issues evolves, Owsley hinted at the necessity for a definitive ruling from the U.S. Supreme Court to clarify the conflicting state and federal laws. The Lynden School District has previously attempted to amend policies with the Washington Interscholastic Activities Association (WIAA) to create divisions based on gender identity. However, these amendments faced opposition, with legal opinions indicating they would violate state law. The current situation has sparked a polarized debate, indicating that these issues are far from being settled and will likely continue to generate significant public and legal discourse in the foreseeable future.