President Trump Breaks a Promise on Transgender Rights
On the campaign trail, Donald Trump broke with Republican Party orthodoxy by vowing to protect lesbian, gay, bisexual and transgender Americans from violence and oppression. Soon after taking office, Mr. Trump announced that he intended to continue enforcing an executive order his predecessor issued to protect L.G.B.T. people from workplace discrimination.
“President Donald J. Trump is determined to protect the rights of all Americans, including the L.G.B.T.Q. community,” the White House said in a statement on Jan. 31. Then along came Attorney General Jeff Sessions.
During his first week in office, Mr. Sessions halted the Justice Department’s efforts to defend in court the legality of the Obama administration’s guidance to school districts on how to provide a safe and inclusive environment for transgender students. A key part of that guidance advised school officials to allow transgender students to use restrooms based on their gender identity.
This week, Mr. Sessions and the Department of Education rescinded the guidance entirely. His baffling rationale was that it added to the confusion around an issue that has prompted spirited debates and legal fights around the country.
In fact, it did the opposite. Next month, the Supreme Court will hear arguments in the case of Gavin Grimm, a transgender student who has been fighting his Virginia school district for the right to use the boys’ restroom on campus. Under the Obama administration, the Department of Justice took the position that existing federal law already confers that right. Mr. Sessions has reversed course.
Of all the matters of consequence before the new attorney general, it is curious that Mr. Sessions made repealing this guidance, and abandoning its defense, priorities. He clashed earlier in the week with Education Secretary Betsy DeVos, who reportedly felt uneasy about endorsing a move that will make students vulnerable. After the two made their case to the president, Mr. Trump sided with his attorney general.
This is unsurprising. Mr. Trump has demonstrated time and again that his stated personal convictions are malleable. A genuine champion of gay and transgender rights would have steered clear of politicians like Mr. Sessions and Vice President Mike Pence, who have gone to great lengths to vilify and oppress gay and transgender Americans.
On Wednesday, the White House press secretary, Sean Spicer, justified revoking the transgender school guidance by saying Mr. Trump is a “firm believer in states’ rights.” This inglorious justification has been deployed repeatedly by those on the wrong side of history in earlier civil rights battles. It was used to fight abolitionists, the women’s suffrage movement, the repeal of Jim Crow laws and, most recently, same-sex marriage.
As the federal government turns its back on transgender students, there is much that local officials, school administrators and parents can do to foster inclusive and safe learning environments. The federal government’s shift is no reason to abandon a set of common-sense guidelines that were informed by years of research by medical professionals.
This should be a clarifying moment for the L.G.B.T. movement. Mr. Trump has offered no evidence that he is committed to advancing L.G.B.T. rights. Unless and until that changes, safeguarding the remarkable progress this community has made over the past decade will fall on ordinary Americans.
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