Thursday, February 23, 2017

You All Probably Have Heard…

That despite rumors to the contrary Trump has dumped our Title IX protection under the Education Amendments of 1972 even through the courts have found that we are protected under Title IX.

So what can we expect?

Governor Malloy has in a press released said,

(HARTFORD, CT) – Governor Dannel P. Malloy released the following statement regarding President Trump’s decision to rescind protections for transgender students:

“Discrimination of this kind is outrageous and has no place in our society. This shouldn't be a partisan issue – the president’s regressive actions must be rejected by all compassionate people, regardless of party affiliation. In 2011, I was proud to sponsor and help win passage for a comprehensive transgender rights bill here in Connecticut, and to subsequently lead fights nationally against efforts in North Carolina, Indiana, and elsewhere to restrict the rights of people who are transgender. In Connecticut, we will defend the rights of all students – regardless of gender identity, sexual orientation, religion, race, ethnicity, and disability status – and will continue to protect their access to welcoming learning environments.”
Buzzfeed reported…
States Vow To Keep Protecting Transgender Students After Trump Rolls Back Rules
“This rollback at the federal level won’t stop transgender protections.”
By Dominic Holden
Posted on Feb. 22, 2017

Several state and local officials wasted no time Wednesday night announcing they would keep enforcing bans against transgender discrimination in schools and make sure students can use bathrooms that match their gender identity.

Their announcement was a swift rebuttal to the Trump administration’s decision to rescind a federal policy created under President Obama that said school districts must protect transgender students.

“I will ensure…protections for transgender and gender non-conforming students are enforced fairly and vigorously,” Washington State Attorney General Bob Ferguson said.

Ferguson was one of three state attorneys general who told BuzzFeed News that while the federal government is stepping back, they will step up. “The civil rights of transgender individuals will continue to be protected under Washington state law,” Ferguson said, calling Trump’s decision “a disappointing step backward.”
And the LA Times reported that,
The state plans to keep its promises to transgender students, says California schools chief
By Joy Resmovits
February 23, 2017

With news that the Trump administration is rolling back former President Obama's guidance on protecting transgender students, State Supt. of Public Instruction Tom Torlakson is reminding California students of their rights .

"California students will continue to have their civil rights protected," he said in a statement Wednesday. "California will continue to work to provide that environment for our lesbian, gay, bisexual, and transgender students regardless of any misguided directives by the federal government and the Trump administration."
Well first off… Title IX of the Education Amendments of 1972 is a federal law and it is not subject to state  interpretation the law, it is the responsibility of the U.S. Department of Justice to enforce the law, not the states.

What to watch out for in the future.

Here in Connecticut and the other states that have protection for us we are not in immediate danger, but…

The Republicans are poised to pass a “Religious Freedom Act” that will give special rights to certain religions, all a person will have to do to discriminate against us it say it is against their religion. What could be dangerous to us is if they say anyone receiving federal funding will have to let people discriminate against us. That would include schools, state and local governments, and businesses with federal contracts. It will nullify the state laws, so much for state rights.

What else to watch out for?

The Supreme Court will hear G.G. v. Gloucester County School Board next month and that could be a game changer. There are several possible outcomes.

The first possibility is that Gavin Grimm wins and the courts find that Title IX does apply to us.

The second possibility is the Grimm loses and Title IX does not apply to us.

The third possibility is if Judge Gorsuch is not appointed to the bench yet it ends in a 4-4 tie and their ruling only applies to the U.S. Court of Appeals for the 4th Circuit.

My guess is that if we win the Supreme Court case the Republican controlled Congress will pass a law exempting us from Title IX and Trump will sign the bill into law.

An old Chinese saying is “May you live in interesting times” is coming true.

No comments: