Should transgender people be able to use the bathroom and shower facility that corresponds to their gender identity? This was the position of the Obama administration when it issued an edict last May requiring public schools to permit this choice. The administration threatened to withhold federal funding for schools that did not comply. A federal judge then put a hold on the president’s order.
To those who claim that this decision should be left to the states and to local school districts, supporters of the Obama mandate counter that civil rights take precedence over states’ rights. For instance, in Virginia v. Loving, the Supreme Court unanimously ruled that Virginia’s statute forbidding interracial marriage was unconstitutional. The Civil Rights Act of 1964 likewise outlawed racial segregation in schools, even though such policies had been enacted by local school authorities.
If transgender rights are civil rights, the argument goes, they should be enforced even over the objections of states and school districts.
The Trump administration clearly disagrees. Last Wednesday, the president issued an order rescinding Mr. Obama’s directive. He stated that states and public schools should have the authority to make their own decisions without federal interference. As a result, states and school districts will now be able to decide for themselves whether federal sex discrimination law applies to gender identity.
The president’s order includes language stating that schools must protect transgender students from bullying. And it does not require individual schools to prevent transgender students from using the bathroom of their choice. It simply gives them the right to make this decision free from federal interference.
But what of the argument that civil rights supersede states’ rights? Here’s my response: unlike previous civil rights legislation, transgender civil rights significantly impact the civil rights of all people.
Continue reading Denison Forum – Are transgender rights civil rights?