Schools are no longer under any obligation to allow trans students entrance to restrooms of which they most identify.
What was once only speculation is now reality as The U.S. Department of Education and U.S. Department of Justice rescinded President Obama’s guidance for schools to recognize transgender students as protected under Title IX.
This meant that students who did not identify with the designated gender labels on bathrooms and locker rooms in schools and other activities could use the facility of their choice.
The Gay, Lesbian and Straight Education Network (GLSEN) executive director Dr. Eliza Byard has issued the following email statement about the retraction of Obama’s directive.
“Supports for transgender students in K-12 schools change and save lives, and hurt no one. President Trump’s reversal of federal guidance affirming Title IX protections in schools undermines the settled expectations and protections afforded by federal law, hurts transgender students and impedes the progress we have made creating safer and more inclusive learning environments for all.
"While the Trump administration may abandon transgender students, GLSEN won’t. And neither will the thousands of teachers, administrators and parents around the country who work with GLSEN and our local Chapters to ensure that transgender students everywhere have the opportunity to simply be themselves and live better lives. Schools, leaders and teachers must do the right thing and give all students the chance in life they deserve.
"Research has consistently shown that transgender students are more likely to face severe violence and discrimination at school than their peers, and at greatly increased risk of suicide and self-harm as a result. GLSEN’s National School Climate Survey has shown that 76 percent of transgender students felt unsafe at school simply because of their gender. We also know that transgender students who are allowed simply to be themselves at school are as healthy and happy and successful as their peers. Rescinding guidance designed to help schools help them makes zero sense.
“The administration's actions today do not and cannot change the well-established legal foundations upon which the federal Title IX guidance is based. Many federal courts have already determined that Title IX’s prohibition on sex discrimination and the Constitution’s guarantee of equal protection extend to transgender individuals. Fairly applied, the law remains on our side.”
California Assemblymember Todd Gloria also weighed in on the issue saying the Trump administration effectively turned their backs on 150,000 young transgender people.
“There is absolutely no excuse that could justify rescinding protections for innocent children,” said Assemblymember Gloria. “Despite the President’s shameful and heartless actions today, I want all members of our transgender community to know that California will remain a safe and welcoming place for you to be exactly who you are. Moreover, I will to work closely with my colleagues in the California State Legislature to ensure all of our transgender kids are protected from discrimination and bullying."
Discrimination based on gender or sexual orientation are still illegal, however advocates feel trans kids will now be subject to bullying and subject them to unsafe conditions.