Woodland Park school board passes resolution to recognize “only two sexes,” mirroring Trump order language

Transgender Legislation Bathrooms
Charlie Riedel/AP
A sign for a newly-constructed gender neutral bathroom is seen at Shawnee Mission East High School, Friday, June 16, 2023, in Prairie Village, Kan.

The Woodland Park School Board passed a resolution Wednesday night recognizing “only two biological sexes” and rejecting “gender ideology,” an action that comes just over a weekafter President Donald Trump passed an executive order using the same language.

The resolution directs Superintendent Ken Witt to update district policies to reflect “that there are only two sexes, male and female,” ensuring that there’s a right to privacy in bathrooms and locker rooms and ensures the right “to fair competition in sporting events.” It specifies that “within the constraints of the law,” the district ensures restrooms and locker rooms separate males and females and ensure males are not competing as females in sporting events.

The district said in a statement that failure to recognize and uphold biological sex in policy and practice could threaten the district's federal funding. It said the district is taking "proactive steps" to comply with federal requirements and protect the resources that support students, teachers, and programs.

“As a district, we remain laser-focused on academic excellence and creating an environment where every student thrives,” said Witt.

While board member David Rusterholtz acknowledged that students of one sex using the restrooms of another isn’t an issue in the tiny district northwest of Colorado Springs, “if it started on the coast, it’s going to end up here. “

“I think that we need to stick with science, and the science has always been that there are two sexes. If you've grown up on a farm or around other animals, there are two sexes, I assure you. And it's a Y chromosome that determines it. We need to teach our kids the truth.”

Board member Keegan Barkley cast the only no vote. She said the district is facing myriad issues, from school roof leaks, inadequate heating, water breaks and declining enrollment.

“Why now?” she asked her board colleagues. “There are so many other more important, more pressing issues hitting our school right now. Why is this the most important thing on your mind? …Why do we keep focusing on these nonsense issues instead of focusing on things that are actually going to help our students and our school?”

She said Colorado’s anti-discrimination laws, including the Colorado Anti-Discrimination Act, require that students have access to restrooms that match their gender identity.

“We would be opening ourselves up to lawsuits,” she said.

Woodland Park made waves in 2023 when it became the first in the nation to adopt the conservative American Birthright social studies standards after the state board of education rejected them, stating they conflicted with Colorado law. District actions put the community in turmoil when it placed a gag order on teachers and cut mental health support for students that same year.

The resolution, titled “Recognizing only two sexes and rejecting gender ideology” references the administration’s executive order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”

That order banishes “gender ideology,” which it defines as an “ever shifting concept of self-assessed gender identity,” from the federal government and says federal funds shall not be used to promote gender ideology. It aimed to roll back protections transgender students receive under Title IX.

The Woodland Park resolution says the order “puts at risk federal funding to this school district should the policy or practice fail to recognize and honor biological sex.” 

The resolution passed the same day the Trump administration issued another executive order directing federal agencies to “end indoctrination” in K-12 education, seeking to block federal funding for schools that practice “general ideology and critical race theory in the classroom.” 

Several community members testified against the resolution, fearing it will harm students who are already marginalized. 

“This resolution sends a clear message to the LGBTQIA+ students that you are not welcome, you are not valid, and you do not belong,” said community member Joshua Smith. “This message can have devastating consequences.”

He cited statistics from surveys showing that LGBTQ youth in schools with unsupportive environments experience higher rates of bullying, harassment and discrimination. Others said the resolution is based on hate and fear. In contrast, suicide rates were lower among transgender and nonbinary youth in schools that affirmed who they were. 

“Why do you insist on engaging in culture wars at the expense of a vulnerable population of students?” said Dee Miller. “There's just no point. None. It's just cruel.”

But resident Eric Lachman said the resolution isn’t about denying anyone’s identity or experiences, it’s about upholding biological reality that has existed for centuries.

“In our conservative county, where common sense still has a stronghold, it's essential that we ensure our children, our schools reflect the values and understanding that most of us hold based on science, reason, and the well-being of our children. This resolution will help safeguard their emotional, physical health by rejecting such ideologies.”

Brad Miller, the district’s attorney, said the resolution is trying to set a framework that recognizes the new federal orders and said they won’t result in any policies that don’t “honor and support students who are protected by Colorado’s gender expression and gender identity laws.”

“There's nothing that's been expressed federally that would change Colorado's laws around protections of a student who identifies or expresses their gender differently than what they were born with in terms of access to facilities and so forth.”

He said the resolution also anticipates federal changes on the issue of transgender students’ participation in sports.  

“Every signal, every sign that we've seen from the new federal government is that changes are afoot and we need to be on our toes and be ready to respond, complying as necessary.”

Miller said he’s not aware of similar resolutions being proposed at other school districts he represents. Woodland Park’s resolution goes into effect immediately.