On Feb. 22, President Donald Trump’s administration revoked the federal anti-discrimination protection for transgender students set by former President Barack Obama’s administration.
The new two-page "Dear Colleague Letter" from Trump's administration could cause school districts to look to state governments for guidance on whether to include gender identity within the federal sex-discrimination law Title IX’s federal protections, according to The Washington Post.
That decision could impede for transgender students in middle and high schools to access public facilities, such as restrooms and locker rooms, aligning with their gender identity and presentation instead of their biological sex at birth.
Tiffany Anderson, a junior studying computer engineering, was “not too happy” with the administration’s decision.
“In most cases, that would basically mean that either they won’t do anything or they would flat out disregard what the Obama administration had in place,” Anderson, who identifies as a transgender female and uses they/them pronouns, said.
In Athens and at Ohio University, the non-discrimination policy provides a “legal language” for individuals who may face discrimination on campus or within the city, delfin bautista, the director of the LGBT Center, said.
However, the state of Ohio does not have any non-discrimination policies regarding sexual orientation, gender identity and gender expression. Those identities are also not protected under the ethnic intimidation section of the Ohio Revised Code.
“We don’t have protection or guidance from state government as well as federal government,” bautista, who uses the lowercase spelling of their name and they/them pronouns, said. “LGBT people are basically being left on their own in many different ways.”
To Anderson, many of the arguments made against transgender individuals using bathrooms aligning with their gender identity are not justified.
“It’s usually just the same arguments that are simply based off ignorance,” Anderson said. “It’s disheartening to me, and it’s a huge step back.”
In an email sent out by the university on Feb. 24, David Descutner, the interim president, Pam Benoit, the executive vice president and provost, and Jason Pina, the vice president for Student Affairs, stated their “commitment to OHIO’s diverse and inclusive community.”
The email emphasized OU’s Policy 40.001, Equal Employment and Educational Opportunity, which includes protections for individuals regardless of sex, gender identity, gender expression and sexual orientation.
“The new 'Dear Colleague Letter' will not affect our enforcement of this non-discrimination policy,” the email stated.
Among the responses bautista has heard from community members and students, the main problem is “they don’t know what space is safe (or) unsafe because all that has now been taken away.”
“Folks are like, ‘I just need to use the bathroom, which one do I use?’ ” bautista said. “(We) just want to use the bathroom, go about our lives and contribute to society. Why is our identity, why is our livelihood constantly put into question and put on the line?”
