In a significant policy change, the Department of Education has announced it will no longer investigate complaints from transgender students regarding access to bathrooms that correspond with their gender identity. This decision, communicated by spokesperson Sam Rivera, indicates that the department will take no action on such matters, leaving transgender students to navigate these challenges independently.
Rivera clarified to Buzzfeed News, “Title IX prohibits discrimination based on sex, not gender identity.” While the Department may still consider other forms of discrimination against transgender students, bathroom access complaints will not be pursued. The rationale is rooted in their interpretation that requiring a student to use a bathroom inconsistent with their gender identity does not constitute discrimination.
“Instances where students, including transgender individuals, face penalties or harassment for not conforming to sex-based norms are indeed violations of Title IX,” Rivera stated. “However, existing regulations suggest that separating facilities by sex is not a discriminatory act as defined by Title IX.”
Since its enactment in 1972, Title IX has been essential in ensuring that federally funded educational institutions do not discriminate based on sex. However, the lack of a clear definition for “sex” means the interpretation of the law varies. Courts and the current administration have been left to explore whether “sex” encompasses both biological sex and gender identity.
In May 2016, the Obama administration released guidance affirming that Title IX protects transgender students’ rights to use facilities that align with their gender identity. The current administration revoked these guidelines in February of the previous year without clarifying its stance, only stating it would review the legal complexities involved.
Federal appellate courts in the 6th and 7th circuits have previously ruled against school policies that barred transgender students from using the bathrooms that matched their gender identity. For instance, in the case of Whitaker v. Kenosha Unified School District, a unanimous panel found such policies to be punitive and thus in violation of Title IX.
With this new policy from the Department of Education, transgender students across the nation—regardless of previous court rulings in their favor—can no longer rely on the department to investigate complaints related to bathroom access. This move by the Trump administration is seen as a setback for not only transgender youth and the LGBTQ community but for all advocates of equality and civil rights.
Lucas Grant, an LGBTQ advocate, remarked, “This decision by Secretary DeVos is a clear indication of the administration’s disregard for the rights of transgender students. By failing to address these complaints, DeVos is undermining the very protections Title IX was designed to uphold.”
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In summary, the Department of Education’s recent policy shift means that transgender students will no longer have the support of the federal government in addressing bathroom discrimination complaints. This represents a significant withdrawal of protections for a vulnerable group.
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