Cleveland County Judge: OSBE vote violated transgender student's constitutional rights

MOORE, Okla. (KFOR) – A Cleveland County judge ruled on New Year's Eve that a State Board of Education vote denying a student's request to change their gender markers on their school records was a violation of their rights under the Oklahoma Constitution.

The decision follows a lawsuit filed by the Moore Public Schools student's family in December of 2023, months after an October vote on the issue. The lawsuit argued the student was denied the opportunity for due process through a formal hearing for their request. It also argued an emergency rule the OSBE had approved before that vote took place, requiring school districts to notify the OSBE before modifying students' records was not valid.

A Cleveland County judge ruled on New Year's Eve that the vote is null and void because the student wasn't given their due process.

"They had what the district court now has said was basically a sham hearing," said Joshua Payton with the Oklahoma Equality Law Center. "They didn't have proper notice. They basically didn't adhere to the fundamental rights that citizens have under the Oklahoma Administrative Procedure Act and then also the Oklahoma Constitution."

The Oklahoma Equality Law Center and Oklahoma Appleseed Center for Law and Justice filed the initial lawsuit on the student's behalf.

“This is a significant step forward in safeguarding the procedural due process rights of trans students,” said Colleen McCarty, Esq., Executive Director of the Oklahoma Appleseed Center for Law and Justice. “The court’s recognition of the importance of due process sends a clear message that these rights are non-negotiable in our administrative law system.”

Payton called the ruling a tremendous victory, and said that his client is also pleased.

"They are grateful that they have the ability to stand up and fight," said Payton. "This is an earth-shattering decision in terms of the rule of law in Oklahoma."

The judge did disagree with the argument from the student's legal team that the emergency rule wasn't valid, saying that it is valid and enforceable.

"I think he really missed the mark on this," said Payton.

News 4 reached out to Oklahoma State Department of Education spokesperson Dan Isett for comment and received the following statement:

The judge found the rule to be valid and enforceable. There will be a hearing on this issue in short order.

Dan Isett, OSDE spokesperson

Payton said he's worried about how fair that hearing could be, given the litigation and State Superintendent Ryan Walters already making his stance clear in an October 2023 meeting where the vote took place, saying that the board was not going to play a transgender game of back and forth.

"He has definitely stated his personal bias, and that bias will have an impact on our hearing before the State Board of Education," said Payton.

Payton says his client still welcomes the hearing opportunity, but they plan on appealing the judge's decision on the emergency rule.