02/23/2017

Trump Rolls Back Transgender Protections

Administration claims states are better suited to gauge the need for such laws

On Feb. 22, 2017, the Trump administration revoked Obama-era guidance that instructed public schools to allow transgender students to use bathrooms and locker rooms that match their gender identity.

In a two-page letter, officials from the Department of Justice and Department of Education said the guidance issued by the Obama administration is being withdrawn because it did not go through extensive legal analysis or through any public comment period. The letter also points out that the guidance had never gone into effect, having been subject to an injunction in a Texas court.

Attorney General Jeff Sessions said in a statement that the Justice Department remains committed to the “proper interpretation and enforcement” of existing anti-discrimination law known as Title IX but said that deference would be given to lawmakers and state legislatures.

“Congress, state legislatures and local governments are in a position to adopt appropriate policies or laws addressing this issue,” Sessions said.

Education Secretary Betsy DeVos echoed that statement, saying, “This is an issue best solved at the state and local level. Schools, communities and families can find – and in many case have found – solutions that protect all students.”

To date, states have been all over the board on transgender protections. Fifteen states have explicit protections in place for transgender students, according to the Human Rights Campaign, while many other states are working to deny public accommodations to transgender individuals.

It’s unclear at this time whether the Trump administration’s decision to rescind the guidance will embolden state legislators who are pursuing their own “bathroom bills” in their states. The American Society of Association Executives (ASAE) is part of a coalition of like-minded organizations that opposes Senate Bill 6, a bill currently pending in the Texas legislature that would deny public accommodations to members of the LGBTQ community. ASAE and other coalition members have warned that the bill will be bad for business in Texas and would cause convention planners to reconsider holding meetings in the state. ASAE also opposes the bill because it would prohibit municipalities in Texas from passing their own inclusive public accommodation policies.

This article was provided to OSAE by The Power of A.