GUEST AUTHOR
Rescinding Trans Youth Guidance Is Shameful – But It Does Not Change the Law
The Trump Administration has not changed the protections that trans youth have, they’ve just sent a powerful message to schools and to youth that they don’t care about the law or about transgender young people’s lives.
Yesterday, the Trump Administration officially withdrew guidance issued by the Obama administration last year to help schools understand their responsibility to protect transgender students under Title IX. This is a cruel and cowardly attack on transgender students, but no matter what this administration says, the law is still on transgender students’ side.
Title IX is the federal law that protects all students from discrimination based on sex, and the vast majority of courts over the past 15 years have recognized that discrimination against transgender people is a form of sex discrimination. Schools that discriminate against transgender students and deny them an equal education will face lawsuits and will be held liable in court for failing to comply with the law.
Some schools haven’t always understood what their legal obligations are, which is why the U.S. Department of Education and Department of Justice last spring sent a ‘Dear Colleague Letter’ to every school district in the country reminding them that Title IX protects trans students. The guidance pointed administrators to examples of policies already in place in school districts in every corner of the nation about how to treat trans students fairly.
Wednesday, government officials appointed by President Trump rescinded that guidance, via a new ‘Dear Colleague Letter’ to schools. The Trump Administration calls this an issue of “states’ rights,” but in fact states and school districts do not have the ability to disregard federal nondiscrimination laws like Title IX. Every state is required to follow those baseline laws that protect every student’s right to a fair and equal education.
By rescinding the guidance, the Trump Administration has not changed the protections that trans youth have, they’ve just sent a powerful message to schools and to youth that they don’t care about the law or about transgender young people’s lives.
Transgender Law Center, trans youth, and our allies will not let this go unchallenged. We are ready to take the administration to court, and are currently representing a transgender boy from Wisconsin, Ash Whitaker, who was singled out by his school and required to use a separate bathroom from all other students. That case will be heard by the Seventh Circuit Court of Appeals in March, just a day after the United States Supreme Court hears arguments in the case of another student, Gavin Grimm, who experienced similar discrimination at school.
Incredible young people and families are also sharing their stories and organizing for change through programs like Transgender Law Center and GSA Network’s TRUTH project, a youth leadership and media organizing program. As Violet Martinez, a 19-year-old youth council member for TRUTH, shared: “Transgender youth are beautiful, powerful, and we will continue to support each other even when our schools and our government don’t have our backs.”
Transgender Law Center and GSA Network will hold a virtual town hall with lawyers and youth at 2pm PT/5pm ET on Thursday, February 23 to further explain what this means and what actions lawyers and youth organizers are taking to defend against this latest attack. You can RSVP to join here.
Guest author Ilona Turner is the Legal Director of the Transgender Law Center which works to change law, policy, and attitudes so that all people can live safely, authentically, and free from discrimination regardless of their gender identity or expression.
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Image by Sam T via Flickr and a CC license
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When my niece Emerald transitioned into my nephew Arin Allen Andrews, I talked to two of my six children, Diamond and Noah ONCE about it. The conversation went like this: “Emerald is now Arin. Arin is a boy and end of the conversation.” Guess what?? They said, “OK!!” Nothing else, and why, you must wonder, was it so very simple? Mostly I think because children are very simple individuals.
The first time we had a gay couple in our home, two good girlfriends of mine, none of my six kids asked, “Why would two girls kiss? Why do they like each other? Is God going to hate them? Am I going to be gay?” Because kids don’t think like that. Adults just think kids do. Again, my children had no questions. To them, these were just two people who were a couple – two people who cared about each other. They didn’t see gender. No questions were asked yet again. It is mind-boggling, I know.Â
The point of this long essay and I hope I still have a few of you with me is this: children don’t see “gay” moments. They don’t notice skin color. They don’t worry about who pees in public restrooms with them.Â
I’m telling you this story because a lot has happened in the past 14 years. But the most profound change in me was that I got angry and to paraphrase Billy Joel, decided that I wasn’t going to take any shit from anybody, anymore. I began to speak up, speak out and in the process discovered the pride in who and what I was. And while I was able to relax a bit during the Obama years, I find myself angry again and like before, I’m not going to take shit from those who want to make me less because of their own fears, ignorance or prejudice. I will not be marginalized and I am going to fight; and this time I’m not alone.Â
Trans people are not going away. We’ve been here since the beginning of recorded time. We are not an aberration, not a fad, not an abomination in God’s eyes. Some of us are people who if we could have chosen our life’s path would not have taken this one. But science….SCIENCE is bearing out what we’ve always known; that nature loves variety and we are as natural as our straight, gay or lesbian brothers and sisters.
















