TG Politics with Babs
In my last blog post I expressed concern about actual and perceived transphobia in the State of New Hampshire, a state with all sorts of gay and lesbian rights including Marriage Equality, but without codified basic protections for transgender people.
I received an update this week from former New Hampshire state legislator Mo Baxley — good news, “the New Hampshire House voted to send CACR17 to interim study (death with dignity) 234 to 95.” I guess it’s like they do in the US Congress with the “Motions to Recommit” (kill the bill)!
It remains imperative that a commitment is made to add the basic protections that are accorded to gay and lesbian Granite Staters as soon as possible. It’s not rocket science, but it will take a united effort among what transgender activists are there, and the Lesbian and gay community as well as the Progressives. There is no reason why the “moderates” and the business community will not be on board.
From the National front, there is welcome good news from the Obama Administration:
Secretary of Education Arne Duncan has come under fire from some elements of the progressive and conservative communities for various policies, but he hit a home run for trans people this past week.
The Department of Education announced on Tuesday that transgender students are protected from discrimination under the same federal laws that prohibit sex-based discrimination and harassment in schools. According to the department’s Office for Civil Rights, Title IX of the Education Amendments “extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.” The department also said it plans to investigate any claims of harassment or discrimination on the grounds of gender nonconformity.
Although it was reported that this was the first time the Obama administration has clarified this interpretation of the law, The Education Department has acted under this principle since 2010.
The language, which was made public Monday April 30, 2014, is part of a Q&A for colleges, universities and public schools on handling sexual violence, but includes a passage articulating that Title IX of the Education Amendments of 1972 extends protections to non-gender conforming students, including those are who transgender. Title IX prohibits discrimination on the basis of sex in federally funded education programs.
“Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation,” the guidance says.
The guidance was highlighted by the White House Task Force to Protect Students from Sexual Assaults in conjunction with a new report of the issue intended to provide clarity about the requirements of Title IX in response to requests from institutions and students.
Catherine Lhamon, Assistant Secretary of Education for Civil Rights stated that “Our federal civil rights laws demand that all students — women and men; gay and straight; transgender or not; citizens and foreign students — be allowed to learn and participate in all parts of college life without sexual assault and harassment limiting their opportunities,”… “The Office for Civil Rights stands ready to enforce this core principle to ensure all students’ safety in schools.”
This action was the result of a continued effort by our LGBT advocates to encourage the Obama administration to give voice to these protections. Even though the overall guidance is about sexual assault, it is now clear that it applies to all forms of discrimination and harassment of transgender students at school.
Ian Thompson, legislative representative for the American Civil Liberties Union, praised the new policy, but stated that “The Office for Civil Rights must now take the next step and issue comprehensive guidance on Title IX and transgender students.”
The Department of Education has been taking actions building up to this new policy.
In 2010, the Department of Education sent out a “Dear Colleague” letter to schools warning them that allowing anti-LGBT bullying and harassment could be a violation of Title IX and Title IV of the Civil Rights Act of 1964. In 2012, the Education and Justice departments reached a deal with the Anoka-Hennepin School District in response to students subjected to anti-gay harassment under this principle to protect them.
In 2013, the Arcadia Unified School District settled with a transgender boy over a lawsuit filed by the National Center for Lesbian Rights over the discriminatory treatment he received during a school camping trip. The settlement was the result of an investigation by the federal government under Title IX and Title IV. “All students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX and Title IV,” Education and Justice department officials wrote in that settlement.
Harper Jean Tobin, director of policy for the National Center for Transgender Equality, stated that “It is now clearer than ever that schools nationwide are responsible for ensuring that transgender students are respected and safe, and students can seek protection from the Department of Education and the courts if schools fail to do so,”
Elections matter, appointing fair minded judges matters!
It is fair to conclude that the Education Department had the necessary back up to their new policy that Title IX extends to transgender students after numerous courts have concluded anti-transgender discrimination amounts to gender discrimination under existing law. Such was the determination of the 11th U.S. Circuit Court of Appeals in the case of Glenn v. Brumby, which was filed by a transgender worker who lost her job at the Georgia State Legislature. The U.S. Equal Employment Opportunity Commission in its decision in Macy v. Holder and the Department of Health & Human Services in its interpretation of the Affordable Care Act have reached similar conclusions that transgender discrimination is the same as gender discrimination.
See more online at the Washington Blade.
Category: Transgender Community News, Transgender Politics
About the Author (Author Profile)
Babs at 76 passed away in 2019. She was a member of the Executive Committee of the Democratic National Committee, Deputy Vice Chair of the NJ Democratic State Committee and Political Director of the Gender Rights Advocacy Association of NJ. She served on the Executive Committee of Trans United 4 Obama. She has served as Vice Chair of the DNC Eastern Caucus, was President of NJ Stonewall Democrats, Co-Chair of National Stonewall Democrats Federal PAC Board, Vice-Chair of Garden State Equality, Executive Board member of National Stonewall Democrats as Chair of the DNC Relations Committee and a member of the NJ Civil Unions Review Commission.Subscribe
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