Tag: transgender protections

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Obama: We Have “To Try To Create An Environment Of Some Dignity” For Transgender People

President Obama addressed the ongoing issue of transgender rights and protections during a town hall on “PBS News Hour” with Gwen Ifill last night.

A question was asked by Arvis Dawson, who said he believed strongly in equal rights, but didn’t understand all the focus on “bathroom rights.”

From the Washington Blade:

Obama said many things are indeed before him and denied he sought to make bathroom use an issue, but felt compelled to respond because he thinks transgender children are being treated unfairly. “What happened and what continues to happen is you have transgender kids in schools,” Obama said. “And they get bullied. And they get ostracized. And it’s tough for them.”

Obama told Dawson they’re of a generation where transgender people were out of sight, and so “people suffered silently,” but now things have changed and schools asked the administration for guidance.

“And my answer is that we should deal with this issue the same way we’d want it dealt with if it was our child,” Obama said. “And that is to try to create an environment of some dignity and kindness for these kids. And that’s sort of the bottom line.”

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Massachusetts Gov. Charlie Baker Will Sign Transgender Protections Bill Into Law

Massachusetts Gov. Charlie Baker

After months of mixed signals, Massachusetts Gov. Charlie Baker has announced he will sign into law recent legislation that provides for public accommodations for transgender folks.

From the Boston Globe:

“We’ve certainly listened to a variety of points of view from many sides and have said, from the beginning, that we don’t want people to be discriminated against,” Baker said in an interview with The Boston Globe. “If the House bill were to pass in its current form, yeah, I would sign it.”

The bill approved by the Senate and the version that is set to be passed by the House on Wednesday would allow people to use the restrooms and locker rooms that match their gender identity and would protect transgender people from discrimination in barber shops, malls, libraries, restaurants, and other public accommodations.

The bathroom provision has raised sharp concern from opponents who assert that male sexual predators, under the guise of being transgender women, could enter women’s restrooms and locker rooms. Proponents of the bill say those worries are unfounded and not borne out by the almost 20 states that already have similar protections.

Baker was booed at an LGBT event in April when he wouldn’t endorse the legislation.

Transgender rights and protections have jumped to the forefront of our national discourse in the past year, with many states passing anti-transgender laws like North Carolina’s HB2 which dictates to transgender students they must use bathrooms that align with their gender assigned at birth as opposed to their actual gender identity.

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17 School Districts Confirm “Conservative Horror Stories” Regarding Trans Bathroom Rights Are False

(map via GLSEN)

With today’s announcement by the federal Departments of Education and Justice on protections for transgender students, it’s important to debunk the often-told myth that transgender “bathroom rights” somehow leads to predators dressing as women to prey on female students in school bathrooms.

Media Matters took a comprehensive look into the matter:

Conservative media outlets have attacked transgender-inclusive non-discrimination policies in schools by claiming they create confusion, violate students’ privacy rights, and can be exploited by students who will pretend to be transgender in order to sneak into the restrooms for the opposite sex and behave inappropriately.

Media Matters Contacted Officials At The Largest School Districts In 12 States With Gender Identity Protections On The Books. Media Matters contacted school district officials in states with laws prohibiting discrimination in public schools on the basis of gender identity and asked whether they had experienced “any incidences of harassment or inappropriate behavior” as a result of “allowing transgender students to access facilities they’re comfortable with.” Media Matters specifically raised the oft-heard criticism that protecting transgender students will “result in confusion, harassment, or inappropriate behavior” such as “students pretending to be transgender to sneak into locker rooms or bathrooms.”

The responses from across the country were overwhelmingly the same: Seventeen school districts covering 600,000 students experienced no problems after implementing transgender protections.

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Reactions To Education And Justice Department Guidelines On Trangsgender Students

This morning, the U.S. Justice and Education Departments issued joint guidelines to public schools on how transgender students should be treated and protected from discrimination.

Groups from across the political spectrum weighed in immediately.

From the Human Rights Campaign:

“These groundbreaking guidelines not only underscore the Obama administration’s position that discriminating against transgender students is flat-out against the law, but they provide public school districts with needed and specific guidance guaranteeing that transgender students should be using facilities consistent with their gender identity,” said HRC President Chad Griffin. “This is a truly significant moment not only for transgender young people but for all young people, sending a message that every student deserves to be treated fairly and supported by their teachers and schools.”

From Campus Pride:

“President Obama has affirmed today the lives of transgender young people and that they deserve human dignity and respect for who they are,” said Shane Windmeyer, Executive Director of Campus Pride. “Saving lives of trans youth means taking action and responsibility to ensure their safety in schools. We applaud President Obama for his leadership and these guidelines that make it clear that discrimination toward transgender students is against the law. There is now direction, without any doubt, for public and federally funded colleges and universities that trans students are entitled to using facilities consistent with their gender identity.”

From the National LGBTQ Task Force Action Fund:

“This is a big day for the transgender community. It means that the Department of Education’s Office of Civil Rights will accept allegations of discrimination, investigate them, and may bring claims in federal court. The other implication — especially with regard to North Carolina’s HB2 — is that the federal government will leave no stone unturned when enforcing already existing civil rights laws against illegal sex discrimination. This sends a clear message for the repeal of HB2 and to other states that are currently considering discriminatory legislation. This is very good news for the advancement of LGBTQ freedom, justice, equity and equality,” said Victoria Rodríguez-Roldán, J.D., Director, Trans/Gender Non-Conforming Justice Project, National LGBTQ Task Force Action Fund.

And, of course, the haters are howling.

From the Dallas-Fort Worth NBC affiliate:

Texas Lt. Gov. Dan Patrick spoke to NBC 5 soon after the directive was first reported, saying, “This will be the beginning of the end of the public school system as we know it.”

Patrick compared the guidance from leaders at the departments of Education and Justice to a recent guideline from the Fort Worth school district superintendent meant to accommodate transgender students.

“President Obama, in the dark of the night – without consulting Congress, without consulting educators, without consulting parents – decides to issue an executive order, like this superintendent, forcing transgender policies on schools and on parents who clearly don’t want it,” Patrick told NBC 5.

Port Neches-Groves Superintendent Dr. Rodney Cavness in Texas (via ABC):

“I got news for President Barack Obama. He ain’t my President and he can’t tell me what to do. That letter is going straight to the paper shredder. I have 5 daughters myself and I have 2,500 girls in my protection. Their moms and dads expect me to protect them. And that is what I am going to do. Now I don’t want them bullied, but there are accommodations that can be made short of this. He is destroying the very fiber of this country. He is not a leader. He is a failure.”

You’ll note: NOW they bring up “accommodations?” Before it was an executive order, the haters said trans kids had to just suck it up and deal with it. NOW they bring up accommodations.

Anti-LGBT activist Tony Perkins sent this out via email begging for money (why does he need money to stand up to something?):

Protect Our Children! The Obama administration is ramping up its efforts to force public schools to allow students to use the restroom and locker rooms of the opposite sex. Boys who are clearly boys would be free to use the girls’ facilities and vice versa.

And if parents and students object? They are either ignored or vilified as bigots. It’s all part of the U.S. Department of Education’s “Title IX Mandates” (Title IX is part of the U.S. Education Code governing federal rules for education).

These rules have been revised to provide special protections for “transgenderism” — boys or men who perceive on any given day they identify as a female, or women and girls who perceive they are male.

You’ll note how Perkins uses language like “boys or men who perceive on any given day they identify as a female.” No, Tony Perkins, transgender females don’t switch their gender identity on a whim.

If some straight, male predator puts on a dress to go into a ladies room and he doesn’t actually identify as female then these protections will not apply. These guidelines are for transgender students who are simply trying to live their lives (and use the bathroom).

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Justice And Education Departments Issue Guidelines For Trans Students In All Public Schools

Today, the federal Justice and Education Departments issued joint guidelines ensuring that all transgender students can attend school without the risk of discrimination or bullying based on their gender identity.

The guidance explains how existing law, Title IX of the Education Amendments of 1972, views the issue of “gender identity” as part of a student’s determined “sex.” Therefore, any bullying based on gender identity would fall under “sex discrimination” which is outlawed under Title IX.

The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available; and schools can also take steps to increase privacy within shared facilities.

Federal education guidelines apply to public districts serving K-12 students, public universities, and other education facilities receiving federal money.

The guidance is not legally binding; however, it reinforces the administration’s position that it will take legal action against violators.

Via press release:

Under Title IX of the Education Amendments of 1972 schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status. The guidance makes clear that both federal agencies treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX.

“No student should ever have to go through the experience of feeling unwelcome at school or on a college campus,” said U.S. Secretary of Education John B. King Jr. “This guidance further clarifies what we’ve said repeatedly – that gender identity is protected under Title IX. Educators want to do the right thing for students, and many have reached out to us for guidance on how to follow the law. We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”

“There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex,” said Attorney General Loretta E. Lynch. “This guidance gives administrators, teachers, and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies. I look forward to continuing our work with the Department of Education – and with schools across the country – to create classroom environments that are safe, nurturing, and inclusive for all of our young people.”

“Our federal civil rights law guarantees all students, including transgender students, the opportunity to participate equally in school programs and activities without sex discrimination as a core civil right,” said Department of Education Assistant Secretary for Civil Rights Catherine E. Lhamon. “This guidance answers questions schools have been asking, with a goal to ensure that all students are treated equally consistent with their gender identity. We look forward to continuing to work with schools and school communities to satisfy Congress’ promise of equality for all.”

“Every child deserves to attend school in a safe, supportive environment that allows them to thrive and grow. And we know that teachers and administrators care deeply about all of their students and want them to succeed in school and life,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Our guidance sends a clear message to transgender students across the country: here in America, you are safe, you are protected and you belong – just as you are. We look forward to working with school officials to make the promise of equal opportunity a reality for all of our children.”

The guidance explains that when students or their parents, as appropriate, notify a school that a student is transgender, the school must treat the student consistent with the student’s gender identity. A school may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other identification document before treating them consistent with their gender identity.

The guidance also explains schools’ obligations to:

* Respond promptly and effectively to sex-based harassment of all students, including harassment based on a student’s actual or perceived gender identity, transgender status, or gender transition;

* Treat students consistent with their gender identity even if their school records or identification documents indicate a different sex;

* Allow students to participate in sex-segregated activities and access sex-segregated facilities consistent with their gender identity; and

* Protect students’ privacy related to their transgender status under Title IX and the Family Educational Rights and Privacy Act.

At the same time, the guidance makes clear that schools can provide additional privacy options to any student for any reason. The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other appropriate options available; and schools can also take steps to increase privacy within shared facilities.

In addition to the Departments’ joint Title IX guidance, the Department of Education’s Office of Elementary and Secondary Education also released Examples of Policies and Emerging Practices for Supporting Transgender Students, a compilation of policies and practices that schools across the country are already using to support transgender students. The document shares some common questions on topics such as school records, privacy, and terminology, and then explains how some state and school district policies have answered these questions, which may be useful for other states and school districts that are considering these issues. In this document, the Education Department does not endorse any particular policy, but offers examples from actual policies to help educators develop policies and practices for their own schools.

Many parents, schools, and districts have raised questions about this area of civil rights law. Together, these documents will help navigate what may be a new terrain for some.

The documents referenced can be found here:

Dear Colleague Letter on Transgender Students

Examples of Policies and Emerging Practices for Supporting Transgender Students

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Massachusetts State Senate Advances Transgender Protections Bill

By a vote of 33-4, the Massachusetts state Senate today advanced legislation that would outlaw discrimination against transgender people.

The bill now goes to the state House of Representatives, where the legislation has strong support. The only real question at this point is whether Republican (but socially liberal) Gov. Charlie Baker will sign the bill into law.

The measure would make Massachusetts the 18th U.S. state to prohibit discrimination based on gender identity.

As many folks know, with the passage of marriage equality last summer, focus in the world of LGBT rights has shifted in part to transgender protections with many conservative states passing laws which effectively legalize discrimination against trans folks.

(source)

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Here’s How The New Anti-LGBT Law Works In North Carolina

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North Carolina Governor Threatens “State Legislative Intervention” If Charlotte LGBT Protections Are Passed

North Carolina Governor Pat McCrory

Proposed changes to city ordinances on behalf of LGBT citizens is already getting push back from North Carolina Gov. Pat McCrory, who says if the legislation passes it “will most likely cause immediate State legislative intervention.”

The concern for McCrory seems to be language that, as part of new LGBT protections, would allow transgender residents to use gender appropriate public bathrooms. The Republican governor is not down with that.

From the Charlotte Observer:

“It is not only the citizens of Charlotte that will be impacted by changing basic restroom and locker room norms but also citizens from across our state and nation who visit and work in Charlotte,” McCrory said in an email to the council’s two Republicans, Ed Driggs and Kenny Smith. “This shift in policy could also create major public safety issues by putting citizens in possible danger from deviant actions by individuals taking improper advantage of a bad policy.”

McCrory, a Republican, continued: “Also, this action of allowing a person with male anatomy, for example, to use a female restroom or locker room will most likely cause immediate State legislative intervention which I would support as governor.”

Driggs and Smith voted against the ordinance a year ago and have been skeptical of it this year. McCrory’s email was sent after Driggs sent him an email Sunday afternoon asking his opinion on the issue.

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SNL Slaps Down Houston’s Anti-LGBT Rights Activists

Via HRC Blog:

Last night, Saturday Night Live’s Weekend Update took on the recent vote on the Houston Equal Rights Ordinance.

HERO aimed to protect 15 classes — — from LGBT people to women to veterans — from discrimination. In the lead up to November 3, anti-LGBT organizations launch a fear-mongering campaign that painted a categorically incorrect picture of women in men’s bathrooms.

Actor Pete Davidson called out the anti-LGBT campaign with this great line:

“So the theory is that guys, in their relentless quest to watch women go to the bathroom, are going through years of hormones, surgery, changing their names, their wardrobe, coming out to their families, all for that big payoff of peeing in a room without urinals. What is this fantasy that they think is going on in there?”