What Trump’s Actions Really Mean for Transgender Students

Source: Trans pride flag, open source

Today, the Trump administration’s controversial appointees, Jeff Sessions and Betsy DeVos, withdrew federal guidance on how schools should apply Title IX in regards to transgender students. The CNN headline, “Trump administration withdraws federal protections for transgender students” is misleading – the federal protections (Title IX) still exist. So what do folks who care about protecting transgender youth need to know?

1. Revoking guidance does not revoke the law. The guidance in question was a “Dear Colleague Letter” that provided advice on how to interpret and apply Title IX and included a resource guide distributed to schools in May 2016. Although this guidance was incredibly clear and strengthened efforts to improve practices in districts nationwide, it didn’t actually change the law. Title IX has been in effect since 1974 and prohibits sex discrimination in any educational institution receiving federal funds. It has been applied in cases as early as 1999 (Davis v. Monroe) to protect students from sexual harassment by their peers and was applied in cases in 2000 (Ray v. Antioch) and 2005 (Theno v. Tonganoxie) in ways that would support a broad interpretation to schools aiming to protecting transgender students from discrimination.
2. Check your local protections. 13 states and many other school districts have local laws and policies that already provide these protections. There have been state-level decisions in Colorado (2013) and Maine (2014) that have already granted access to school facilities and services based on a student’s gender identity.
3. Pay attention to the SCOTUS case. The Supreme Court of the United States (SCOTUS) is going to hear a landmark case on the interpretation of Title IX for transgender youth this March. G.G. v. Gloucester County School Board will be the first case of its kind to make its way to the higher court. The way the current eight-justice bench interprets and applies Title IX will have greater impact than the withdrawal of this guidance.
4. Use research and best-practice literature to educate. Share reliable information with your neighbors, local educators, and friends. A growing body of research shows how affirming transgender youth and allowing them to socially transition (using the name, pronouns, facilities, and programs that align with their gender identity) when they are ready greatly improves their mental health and overall well-being. Although this is a set-back, the research and best-practice literature which many professionals and legal cases rely on still tells the same story. Affirming trans youth saves lives. Share this blog post or other research-informed articles (more resources are listed in the reference section) to ensure evidence wins out over emotion.
   1. UCSF health guidelines for transgender adolescents
   2. Transitioning improves mental health for transgender youth
   3. Supporting gender independent children and their families
   4. The Family Acceptance Project (SFSU)
5. Engage in local activism. Trump’s actions toward vulnerable groups has built coalitions, inspired activism, and strengthened many people’s levels of civic engagement. By working in solidarity with immigrant and refugee advocacy groups, education professionals, women’s rights groups, groups combating Islamophobia, and other social justice movements like Black Lives Matter, we can amplify our voices and remind our neighbors, our politicians, our communities about what matters to us. Many school districts and school boards are highly responsive to local political activism, so this is your opportunity to strengthen local school policies, renew efforts to implement and sustain anti-bullying efforts and diversity education curricula, or collaborate with local advocacy networks to plan community events and/or professional development on these topics.

This is a setback for transgender youth, but as much as Trump tries, he can’t rewrite existing laws. When youth are not affirmed and see no support for their identities and experiences in their home, school, or country, they lose hope. This despair is deadly. But kids are also strong and resilient. So let’s find ways to show our love, support, and affirmation for all our kids – but particularly our trans and gender nonconforming kids. It's scary out there, but we can and must continue to support and encourage leadership in our local schools by passionate, dedicated educators and activists (like this work in Colorado, this work in Kentucky, and this work led by trans youth).