Joe.My.God. LGBT News
Whoa. From the New York Times:
The Obama administration is planning to issue a sweeping directive telling every public school district in the country to allow transgender students to use the bathrooms that match their gender identity.
A letter to school districts will go out Friday, adding to a highly charged debate over transgender rights in the middle of the administration’s legal fight with North Carolina over the issue. The declaration — signed by Justice and Education department officials — will describe what schools should do to ensure that none of their students is discriminated against.
It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.
The move is certain to draw fresh criticism, particularly from Republicans, that the federal government is wading into local matters and imposing its own values on communities across the country that may not agree. It represents the latest example of the Obama administration using a combination of policies, lawsuits and public statements to change the civil rights landscape for gays, lesbians, bisexual and transgender people.
The Human Rights Campaign reacts:
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.”
North Carolina’s recently-passed anti-LGBT law, known as HB2, in part prohibits public school students from using restrooms and other school facilities consistent with their gender identity, and it points to the increasing urgency for the administration’s guidance on access to public facilities.
The law also overturns municipal protections for LGBT people at the local level, bars transgender people from using restrooms consistent with their gender identity in all publicly-owned property, and guts the ability of people who have been discriminated against – including on the basis of race, religion, and sex – to sue in state court.
“Transgender youth are already at heightened risk of experiencing violence, bullying, and harassment, and North Carolina’s action exacerbates those risks by creating a hostile environment in one of the places they should feel the safest,” said HRC Legal Director Sarah Warbelow. “There is an immediate and overwhelming need to recognize the rights transgender students have under federal law.”