Connect with us

No, the Trump Administration Did Not Just ‘Rescind Transgender Student Protections’ – They Told Schools to Ignore the Law

Published

on

Federal Law, Not Obama Guidance, Already Protects Transgender Students – Trump Just Decided to Target Children

The Trump administration Wednesday evening revoked Obama-era guidelines directing schools to protect the civil rights of transgender students, which included helping school administrations understand they must allow trans students to use restrooms that correspond with their gender identity.

Here are some inaccurate mainstream media headlines:

Trump administration rolls back protections for transgender students (Washington Post)

Trump Administration Rescinds Protections For Transgender Students (Huffington Post)

Trump administration withdraws federal protections on transgender bathrooms in schools (CNN)

Trump administration revokes transgender students’ bathroom protections (The Guardian)

Trump administration withdraws protections for transgender students (The Hill)

What the administration did was to replace Obama guidance, which was supported by court rulings based on Title IX, a federal civil rights law, and replace it with a wink and a nob, a “thumbs up” to schools implying they can ignore federal law, telegraphing the implicit message that the Department of Justice will not enforce Title IX, at least when when it comes to transgender children.

However, as NCRM noted in our reporting on the Trump administration’s move tonight, Title IX does not change depending on who occupies the White House.

Lambda Legal issued a statement in responding to the Trump administration’s decision to rescind the Obama guidance. This explains clearly what just happened:

“Trump’s actions do not change the law itself—transgender students remain protected by Title IX of the Education Amendments of 1972—but abandoning the guidance intentionally creates confusion about what federal law requires. The law bars discrimination – the new administration invites it.”

Transgender students really need to be told this — they need to know this.

Take a look at the whole statement:

Even for a bully like Trump,

attacking children is a new low

Administration withdraws guidance for schools on what the law requires for transgender students

WASHINGTON, D.C. – The U.S. Department of Education today rescinded the Obama administration’s 2016 Title IX guidance clarifying the rights of transgender students. Rachel B. Tiven, CEO of Lambda Legal, the nation’s oldest and largest LGBT legal organization, released the following statement:

“We all know that Donald Trump is a bully, but his attack on transgender children today is a new low. The U.S. Department of Education’s decision to withdraw guidance clarifying the rights of transgender students endangers the well-being and safety of children across the country.

“Trump’s actions do not change the law itself—transgender students remain protected by Title IX of the Education Amendments of 1972—but abandoning the guidance intentionally creates confusion about what federal law requires. The law bars discrimination – the new administration invites it.

“Betsy DeVos became Education Secretary just one week ago. At her brief confirmation hearing she publicly committed to protecting LGBT students – this harms them. 

“Over the past week Donald Trump has attacked perhaps the two most vulnerable groups of children in America: transgender children and refugee children. While his Education Secretary was busy withdrawing protective guidance for trans kids, his Homeland Security Secretary signed memos that strip legal protections from children who arrive alone at our borders, seeking refuge.

“Now Attorney General Jeff Sessions and Secretary DeVos give us sickening echoes of the racially segregated schools era by claiming that enforcement of this federal civil rights law is a ‘states’ rights issue.’ This is not just a bizarre misunderstanding. We recognize that language. This is a cynical rejection of the federal government’s responsibility to enforce federal law protections for vulnerable students.

“While the Trump/Pence administration wages its War on Children, Lambda Legal will redouble our efforts to protect transgender and other vulnerable kids. At Lambda Legal, we are already in court fighting for transgender students, and we are prepared to sue any school district that discriminates in the wake of the Trump administration’s actions today.”

 

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

LOL

Ron Johnson Tells Fox News Why He Lied About Term Limits to Run Again: ‘I’m Just One of Those Truth-Tellers’

Published

on

Sen. Ron Johnson (R-WI) on Sunday explained why he has decided to run for Senate again despite promising to impose term limits on himself.

Fox News host Maria Bartiromo spoke to Johnson soon after he announced he is running again.

“There are many factors,” Johnson asserted. “It wasn’t an easy decision. But I think probably the easiest way to put it is that I love America dearly. I love the American people. I love the folks in Wisconsin and I think this country is in trouble. I think Democrats in power in Washington have put us on a very dangerous path and I think I’m in a position to help improve things.”

“It really just boils down — it’s that simple,” he continued. “We need to restore confidence in so many institutions within — throughout America, whether it’s in governmental agencies, whether it’s in media, in big tech. People have lost confidence. And the only way I can see restoring confidence is we need to ask a lot of questions, we need to get some answers, we need accountability.”

Johnson added: “We need the truth and unfortunately the truth is being censored today at an alarming, very disconcerting rate. And so, I’m just one of those truth-tellers. I ask tough questions, I try and get answers. But when I tell the truth, the truths that the media elite, the governing elite don’t want to hear, I get censored, I get attacked, I get vilified but it doesn’t deter me. And I think we need people who are willing to seek the truth.”

Watch the video below from Fox News.

 

Continue Reading

'THIS IS IMPORTANT'

Legal Expert Makes Case for Congress to Bar Trump From Running Again in Case He’s Not Indicted

Published

on

In a column for Politico Magazine, a University of Baltimore law professor urged Congress to step in and make sure that Donald Trump can’t run for office again on the off-chance he is not indicted on criminal charges that could derail a 2024 presidential run.

According to legal expert Kimberly Wehle, Congress has the ability in place to bar Trump from a third presidential run and should seriously consider it in light of his attempts to overturn the 2020 election where he lost decisively to now-President Joe Biden.

As Wehle wrote, the House Jan 6th committee’s Rep. Liz Cheney (R-WY) has indicated “that the committee has an overarching goal of ensuring Trump never occupies the Oval Office again — one that might be achieved by different means.”

In a conversation with CBS’s Margaret Brennan last weekend, Cheney referred to “legislative activity going forward,” which Whele suggests may mean that lawmakers have a back-up plan for Trump.

RELATED: Riot committee ‘aggressively’ shifts focus to criminal conspiracy charges against Trump and GOP lawmakers: report

“Cheney’s reference to ‘legislative activity’ is telling. While many have expressed frustration that Attorney General Merrick Garland has not yet charged anyone who might have fomented the riot from inside the government, Cheney’s remarks remind us that Congress has a powerful tool at its disposal to hold former officials such as Trump accountable. And it might be more effective than any potential criminal prosecution. It’s legislation,” she wrote. “What Cheney and her congressional colleagues might have in mind is the 14th amendment, which was ratified in 1868 after the Civil War to prevent former Confederates from holding state or federal office and thus disrupting the fragile Reconstruction effort.”

Noting that Rep. Jamie Raskin (D-MD) has also hinted at a legislative approach, calling its use “a live proposition,” the attorney suggested “it’s worth revisiting this legislative avenue, and whether the damning revelations already unearthed by the committee’s investigation have sufficiently changed the political landscape within Congress that passing such a law might now be possible — maybe even preferable.”

Quoting Section 3 of the amendment that states, “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same,” and then Section 5 that adds, “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article,”

Wehle then explained, “This is important.”

“It gives Congress express constitutional authority to pass legislation implementing a ban on insurrectionists holding office, rather than requiring Congress to fall back on other powers — such as its power over interstate commerce — that are more general and thus less focused on the task at hand,” she elaborated. “For example, Congress’ power to gather information as part of its legislative efforts is not express but implied in the Constitution, thus opening up for debate the Jan. 6 Committee’s subpoena power. But Section 5 is crystal clear: Congress can pass legislation to keep anyone who engaged in insurrection or rebellion out of public office.”

The law professor then provided a roadmap that Congress can follow.

“The most conspicuous option would be to pass a law creating a civil cause of action enabling, say, a competing candidate to file suit seeking an injunction against Trump if he chooses to run for office. In that lawsuit, Trump’s role in Jan. 6 presumably would be litigated under criteria that Congress would establish in the legislation,” she wrote before cautioning, “To be sure, the legal nuances and hurdles of potential legislation are impossible to probe in the abstract, and court challenges to any legislation would assuredly follow. Moreover, Congress must be exquisitely careful not to craft legislation that can be used as political ammunition to keep legitimate candidates off the presidential ballot.”

You can read more details here.

Continue Reading

GOOD LUCK WITH THAT

January 6 Committee to Request Mike Pence Voluntarily Appear to Testify

Published

on

The House Select Committee on the January 6 Attack will request former Vice President Mike Pence, whose life was under threat during the January 6 insurrection, to voluntarily testify before the Committee.

“I think you could expect” the Committee to request Pence’s testimony “before the month’s out,” Chairman Bennie Thompson told NPR Friday.

It would be the closest yet the Committee has been to Donald Trump.

“The vice president was put in a tough spot,” Thompson continued. “The President was putting a lot of pressure on him to break the law, and he stood fast,”

“And because of his respect for law, there were people who came to the Capitol a year ago wanting to hang him. And so, if for no other reason, our committee really needs to hear what are his opinions about what happened on January 6.”

Indeed, Trump supporters that day infamously chanted “hang Mike Pence,” had a noose and gallows outside Congress, and literally roamed the halls hunting him down, as this video from the second Trump impeachment shows:

“Mike Pence should do America a favor & cooperate,” former Pence Homeland Security and Counterterrorism advisor Olivia Troye said on Wednesday. “He should release the stark photos of the reality he faced on January 6 displaying what Trump & Trumpism really means for our democracy when a President is capable of inciting an attack against his own Vice President. “

Continue Reading

Trending

Copyright © 2020 AlterNet Media.