Today, the United States Department of Education’s Office for Civil Rights (OCR) and the United States Department of Justice issued guidance on Title IX and the right of transgender students to attend school free from discrimination based on sex.
The guidance affirms that schools, colleges, and universities must provide transgender students with a safe and supportive environment and must:
- Provide transgender students access to all of the school’s programs, activities, and facilities (i.e. restrooms, locker rooms, housing, and athletics) based on the student’s gender identity;
- Refer to transgender students by their chosen name and pronouns, even if the student has not obtained a court-ordered name or gender marker change;
- Implement safeguards to ensure that a transgender student’s gender identity remain private; and
- Respond appropriately to reports of harassment of transgender students.
“This is the boldest stance the federal government could take to support transgender students,” said National Center for Lesbian Rights (NCLR) Transgender Youth Project Staff Attorney Asaf Orr. “This guidance could not be clearer—schools must treat transgender students with dignity and respect, providing them equal opportunities to succeed and thrive as they would any other student. We applaud this historic step, which sends the strongest possible message to transgender students and their families that they are valuable, equal, and welcome members of our national community. We look forward to working with the federal government and others to ensure this guidance is being implemented in school districts across the United States.”
The Congressional LGBT Equality Caucus today applauded the Obama Administration and the U.S. Department of Education issuing the following statement, “On behalf of the Congressional LGBT Equality Caucus I want to thank President Obama, Secretary King and the entire Department of Education for this historic guidance,” said LGBT Equality Caucus Co-Chair Rep. Mark Takano (D-CA). “As a former school teacher, I know firsthand that when students feel unwelcome or face discrimination at their school, their ability to learn and grow is diminished. Transgender students deserve to have their identities respected. This guidance will help ensure that transgender students are safe in their schools facilities. They will be able to focus on what’s really important: getting an education.”
Nancy Zirkin, executive vice president and director of policy at The Leadership Conference on Civil and Human Rights said, “The Obama administration has demonstrated once again that executive authority can be a powerful tool to fight discrimination in the face of hostile and intransigent opposition.
“Today’s announcement sends a clear signal to the country that it is immoral to demonize and discriminate against transgender students and the LGBT community. Transgender students are routinely subject to violence, homelessness, and discrimination when they have the bravery to live their lives honestly and openly. These are the students we should lift up as role models, not demonize for political purposes.
“This is the administration that made this country safer for DREAMERs and their families; commuted the inhumane and unjust sentences of hundreds of Americans; banned the box for several agencies; and protected women and LGBT employees of federal contractors. Even as a hostile Congress has done everything in its power to stop the advance of progress, this administration has found a way to bend the arc toward justice.
“We still have a long way to go toward building a nation that’s as good as its ideals, but today’s announcement brings us one step closer.”
Religious Action Center of Reform Judaism Director Rabbi Jonah Dov Pesner stated, “We commend the Obama administration’s instruction to all public schools to ensure transgender students access to restrooms, educational programs and activities consistent with their gender identity. The historic letter and guidance from the Departments of Education and Justice are much-needed steps toward greater inclusion and equality for transgender and gender-nonconforming people in our society.
“In communities nationwide, transgender and gender non-conforming individuals are significantly more likely to experience discrimination and harassment. Students can be especially vulnerable. This is sadly even more true in the wake of the false narrative around bathroom safety that has been propagated throughout our society, especially following the passage of harmful and discriminatory legislation in certain states.
“As a leader of the Reform Jewish Movement, I am proud that our community has spoken clearly in support of the civil rights and full inclusion – including within our congregations, camps and communities – of transgender and gender non-conforming individuals. Jewish tradition teaches that all human beings are created b’tzelem Elohim, in the Divine Image. The stamp of the Divine is present in each and every one of us, and discrimination against any individual because of their gender identity directly violates this value.
“We urge all public schools to swiftly and fully comply with this directive so that transgender and gender non-conforming individuals are treated with the dignity and respect they deserve.”
OCR first addressed the application of Title IX to a transgender student in Student v. Arcadia Unified School District, a complaint filed by the National Center for Lesbian Rights. That complaint alleged that the school district discriminated against a transgender student by denying him access to the boys’ facilities and refusing to allow him to room with his male peers on an overnight field trip. The Department of Education and the United States Department of Justice negotiated an historic resolution agreement requiring the school district to treat the transgender student as male for all purposes. Since that resolution agreement, the Department of Education has reached similar resolutions to protect transgender students in several other cases and has repeatedly affirmed that.
