In the continuing eradication of the progressive agenda of President Barack Obama, by the new administration of President Donald Trump, the latest reversal is the federal guideline that allowed school aged children, who identified as transgendered, be allowed to use the restroom that matched their chosen gender identity, rather than that of their birth.
Critics say that removing this right of access will lead to bullying and harassment, a view that the Trump administration, does not believe, because it says that the anti-bullying component of the legislation is still there.
Randi Weingarten, president of the American Federation of Teachers said, in her statement, "Reversing this guidance tells trans kids that it's OK with the Trump administration and the Department of Education for them to be abused and harassed at school for being trans.”
One unintended consequence is more internal division in the GOP, who say that this latest firestorm coming from Trump has not been welcomed by its older, more established Republicans who feel that the culture wars are something that they have wanted,and tried, to put behind them.
Part and parcel of the objection was the, by now, familiar refrain of, as The New York Times described: [it]“was improper and arbitrarily devised,” and did not respect the “primary role of the states and local school districts in establishing educational policy.”
Last year, the Obama administration via the Education and Justice Departments, issued the guidelines, “saying among other things that transgender students should be called by their preferred names and pronouns, and have access to the restrooms, locker rooms, and other single-sex facilities that correspond with their gender identity.”,noted the LGBT publication, The Advocate, on its website.
At that time, one judge had issued a stay, and 13 states issued official complaints. “Even without that hold, the guidance carried no force of law. But transgender rights advocates say it was useful and necessary to protect students from discrimination. Opponents argued it was federal overreach and violated the safety and privacy of other students.” reported NBC New York.
They also noted that “The guidelines are nonbinding, but the Obama administration had warned that schools not following them could be found in violation of Title IX of the Education Amendments of 1972, which prohibits sex discrimination, and face a loss of federal funding. During Obama’s presidency, the departments held that Title IX covers discrimination based on gender identity.”
This effort was largely pushed by the new Attorney General Jeff Sessions who was widely expected to quickly roll back civil rights expansion,(once he was confirmed) that were “put in place under his Democratic predecessors. “ He also worked to move quickly to avoid a possible pending decision upholding the protective laws, and thus forcing the government to litigate.
Sessions who has opposed LGBT protections in the past “pushed Ms. Devos to relent, “ said the Times. Faced with either denying Trump, or signing, she chose to go along with him. In the face of her confirmation hearing where she was not adamant about protection for minority students, of all stripes.
The news of her support for the Obama policy came as a surprise to many considering the monies spent by her family, on anti LGBT measures, and at a time when she served on their boards and family foundations, as an officer.
In a statement, released by her office, she stated that she considered it a “moral obligation” for all American schools to protect “all students from discrimination, bullying and harassment.. Yet, she framed her support in terms of state rights, not federal protection, revealing more of a prior stance, and in keeping with the Trump administration.
Also reported by some was that she and Sessions fought over the change. But, this was later denied by Sean Spicer, White House spokesperson, who instead said, that any differences were over timing and language.
Reaction from LGBT organizations has been swift and condemning. In a statement released on Wednesday, Equality Illinois stated: "We are outraged the Trump Administration would choose to target transgender children for discrimination. Rescinding the guidance letter sends a terrible message and invites personal bias to flourish in our public schools," said Brian C. Johnson, CEO.
 |
| Mrs. DeVos |
Furthermore, they noted, “Equality Illinois reminds Illinois school districts that they should not feel free to adopt discriminatory policies despite the federal action. Title IX of the federal education law still protects transgender students, as most courts have agreed, and Illinois law prohibits discrimination in public places.”
Johnson said that Illinois protections for LGBTQ people include the Human Rights Act against discrimination in public accommodations, employment, and housing, the anti-bullying statute, and the ban on conversion therapy.
Using state’s rights as a cover, a holdover from the opposition to civil rights for Black Americans, in the 1960s, this action fulfills a campaign promise, and some say the president’s pressure from the religious right., But, from whatever source the tape is unwound, and the damage, or potential for damage, is done.
Mara Keisling, executive director of the National Center for Transgender Equality said this about the motive behind the change. "That message is sure to empower bullies. But it does not change the legal and moral duty of schools to support all students. That’s why the nation’s education leaders and more and more schools in every part of the country are supporting transgender students, and that won’t change."
“What could possibly motivate a blind and cruel attack on young children like this?” added Human Rights Campaign president Chad Griffin. “These transgender students simply want to go to school in the morning without fear of discrimination or harassment. The consequences of this decision will no doubt be heartbreaking. This isn’t a ‘states rights’ issue, it’s a civil rights period.”
In the absence of the Obama directive, “it will be up to states and school districts to interpret federal anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identity and not just their biological sex,” said the news station.
“A patchwork of state laws could continue to emerge as a result of the change. Fifteen states have explicit protections for transgender students in their state laws, and many individual school districts in other states have adopted policies that cover such students on the basis of their gender identity, said Sarah Warbelow.”
As many have noted, myself included, the Trumpian style, as it were, is designed to play to the base, create chaos, or a chaotic response, then circle back, and try some fence mending. Yet, even on a hot button issue, as being transgendered, when children and young people, are involved, the waters get muddy. The attempt, by some, to portray Trump as a prisoner of the right, along with Devos, is not convincing. What gives us pause is that resurrecting this wedgee issue, is more of an effort to distract the public from the far more convincing charge of missteps, and impolitic behavior that have marked these five weeks in office.
No comments:
Post a Comment