Should Transgender Students Be Allowed To Use Sex Discrimination In Public Schools

Most don’t explicitly look into the complexity of a transgender person’s life and all the questions or problems one might face: Do I use the men’s or the women’s bathroom? Is it appropriate to use this locker room? Those are only two of the many questions a transgender person might run into on a daily basis because of how others would see the situation, how the people who may have a sneaking suspicion that the woman they saw go into the ladies’ bathroom isn’t actually female by their definition, or how it could also seem strange to see that same person go into the mens’ bathroom. These all lead to dysphoria in any person’s situation in public places due to the fact that many choose to taunt or mock the person; however, with the help of Title IX these questions could start to vanish from the thoughts of many transgender students which Blad exemplifies with a quote in her article:

One current court case is dealing with a federal judge releasing an injunction to momentarily restrict transgender students from using school bathrooms as well as locker rooms of their choice (Eldeib). In blocking students from using something as simple as a restroom or locker room, a student’s identity can be misconstrued. Especially with a student who may already feel differently about their identity. A mother in Denton, Texas, hopes to change the legal problems revolving around the controversy of bathroom laws in Texas schools. Amber Briggle states her 8-year-old transgender son has felt he needs to wait to use the restroom until he would arrive home. As well as this, Briggle confirms her son, MG’s grades dropped drastically. His grades continued to worsen until he was given a restroom alteration, allowing him to feel comfortable. (Wright). Along with MG, many students do not feel safe in their schools because of having to hide their transgender identity. Students may not feel safe just because Texas is such a conservative state. Ken Paxton and other state leaders even exchanged in transphobic rhetoric at the 2016 Texas GOP convention. Because of the strong conservative viewpoints in Texas, young people as well as students in the area may not feel accepted as who they are, leading them to disguise their true self. School is already a tough time in a child or teens life, and being discriminated against because of how one identifies does not make a student’s lifestyle any easier. Because transgender students in Texas schools are entitled to free expression of gender identity, they are also permitted to dress how they please. As well as wearing the clothes a transgender students feels most comfortable with, it is permissible to address these students by their preferred name. Because transgender

Every person in the United states is entitle to their rights based on the amendments. Transgender students are protected by Title IX and cannot be neglected in schools by anyone or they will stop receiving federal money. “The Justice and Education Departments issued guidance that, under Title IX of the Education Amendments of 1972, schools receiving federal money may not discriminate based on a student’s transgender status and that the departments would treat a student’s gender identity as the student’s sex for purposes of enforcing Title IX.” (According to New York Times). This should be applied to every single school not only schools that get federal money because every transgender student should be protected by a law just as every other cisgender student. Every single citizen in the United states is protected by their civil rights which is “the rights of citizens to political and social freedom and

Kansas passed a bill on Wednesday, March 16, 2016 that denies transgender students from using the restroom, as well as other facilities retaining to gender “when they are in various states of undress” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph b; lines 8-12), based on their preferred gender and forces them to use the restroom based on their birth sex. This bill was passed by the Committee on Federal and State Affairs in order to protect the privacy of students and to prevent “potential embarrassment, shame and psychological injury to students” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph f; lines 27-29). This bill also allows for students to sue a transgender student for two-thousand five hundred dollars if they are found in the “wrong” restroom. Forcing the transgender students in Kansas to use the restroom based on biology is wrong because forcing someone to disregard a personal preference to accommodate another is inhumane and has potentially deadly effects.

The School Board will be in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., if they do not allow a male that is diagnosed with gender dysphoria and identifies as a female, access to the female restroom. Though the Supreme Court has not ruled on this topic, a Fourth Circuit ruling, the Department of Education and Department of Justice Dear Colleague Letter, and case law regarding transgender students can help enlighten the school board on this topic. An introductory understanding of Title IX of the Educational Amendments of 1972 will assist in this matter. Title IX of the Educational Amendments of 1972 and its regulations prohibit sex discrimination in schools, educational programs and activities that are recipients of Federal funds. Within Title IX it specifically prohibits the discrimination of student’s based on gender identity, including the discrimination of transgender students. Title IX provides: “[n]o person… shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” 20 U.S.C. § 1681(a).

Texas recently brought a case forward blocking President Obama’s transgender bathroom policy. “The Texas case was brought by Texas Attorney General Ken Paxton, a Republican, who led a group of plaintiffs that included 12 other states and two school districts. The plaintiffs argued that the Obama administration guidance came with the implicit threat that federal education funds could be withheld if school districts refused to allow transgender students to use the bathroom of their chosen gender identity. The guidance also had implications for federal student privacy laws, threatening education officials with sanctions if they fail to address students by their preferred gender pronouns. In a statement, Paxton praised the ruling as correcting "illegal federal overreach" by the Obama administration” (Korte, 2016). The Texas judge ruled that Obama’s bathroom policy could be

In recent years, the U.S. Department of Education’s Office for Civil Rights has received an increasing number of questions from parents and schools regarding civil rights protections for transgender students. Title IX of the Education Amendments of 1972 prohibits discrimination in educational programs/activities based on gender, including discrimination based on a student’s gender identity or transgender status. This letter, while it does not add requirements to applicable law, provides significant guidance and encouragement regarding a school’s Title IX obligations for transgender students and how a school is evaluate for compliance with these obligations.

Grimm argues that Title IX of the Education Amendments of 1972, the law that bars sex discrimination in the nation’s schools, prohibits discrimination based on his gender identity. Grimm’s case is the first case devoted entirely to transgender rights the justices have agreed to hear – meaning there are few clues to how they might rule. But there are many cases posing similar questions about federal law and gender identity waiting in the wings. In one such lawsuit, a Michigan corporation has asserted the right to discriminate against a transgender employee based on the company owner’s religious

The changing norms of the generation has brought upon commotion between various states because of the presidents judgement. The transgender bathroom policy allows transgender students to use the bathroom they identify as and not by the sex on their birth certificate (Fox News, 2016). The transgender bathroom policy has both successes and failure to ensure safety for transgender students resulting to its change being for not only trans-gender. Gender neutral bathrooms allows safety for those who are not only transgender, but also a part of the LGBTQ community, etc. but it causes a conflict with gender segregation. Adding additional bathrooms to suite other gender preferences costs more money and not everyone is going to accept what they walk into the bathroom and see. The gender neutral bathroom policy should be taken off of hold and be put into action because everything is constantly changing and those who do not identify as the sex they were assigned at birth are at risk for harm.

Programs should be established on sound medical advice that shows male-to-female transgender athletes do not have any automatic advantage over other women and must be recognized on the educational values of the sport (NCAA Inclusion, p.10).

There are two questions being considered in this case, according to the Supreme Court of the United States are as follow: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education 's specific interpretation of Title IX, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.

Gloucester School Board effects the faculty and students of schools across America. Gavin Grimm, an open transgender student at Gloucester High School wants to have access to the boy’s restroom at school, the boy’s restroom was used until the Gloucester County School Board received complaints from students and families. It’s noted that Grimm suffers from gender dysphoria, to make his transformation easier, all aspects, physical, mental, and social, must be transitioned also. The School Board eventually banned Grimm from using the boy’s restrooms in school, introducing a new policy; this “rule” and the Supreme Court’s ruling will impact many Americans apart of the LGBTQ community and students all over America. Many schools, events like sports, field trips, etc don’t include bathrooms special for transgender citizens like a unisex restrooms, this will affect all Americans, transgender or

Transgenders Are Equals They wake up and go to bed, they go to the same stores, they breath the same air, and they drive the same cars so why can't Transgenders have the same jobs and rights as us ? Transgenders have been doing all the same things we do forever, Now suddenly it's a huge problem for them to have the same jobs and receive the same things we do and have equal rights. Transgenders should have equal rights because they are more prominent in society than we may think, they need our medical help , and they are just like everyone else. To better understand why people don't want the Transgender community to have equal rights, one reason is because people who have been sexually assaulted and traumatized physically or mentally fear that predators will use the bathroom rules to their advantage. Safe Spaces for Women is a group that provides women who have been sexually assaulted with support and care and advice.

According to the mandate, when a parent informs the school that their child now identifies as a member of the opposite sex, the school must comply. Accordingly, anything less than full access is considered transphobic and denies the transgendered their civil rights. The Obama administration claims Title IX settles the issue. The intent of the landmark Title IX decision was to safeguard female students from discrimination and harassment while ensuring that they receive the same number of opportunities in education and athletics as their male counterparts.

In past generations, it has been clear to society that males and females use segregated bathrooms. It is also known that the rate of transgender people has been growing over the past years. Transgender people constantly face troubles when using a bathroom in public. Nevertheless, as society has become more aware of the transgender population and the issues that they face, many schools have had to decide how they will respond about the issue of school bathrooms when students identify themselves as transgender. A school should be able to provide separate facilities based on sex, but must allow transgender students access to the facility which matches their gender identity.