According to reporting done by the New York Times, the Trump administration is drawing up paperwork to rescind former President Obama’s order that transgender students can use the bathroom that corresponds to their gender identity. Education Secretary Betsy DeVos was in opposition to Attorney General Jeff Sessions over the issue of leaving the choice up to the states. However, the Department of Education ruled in 2014 that protecting transgender students falls under Title IX, a federal law that prevents discrimination on the basis of sex.
DeVos, despite her family’s prominent donations to anti-gay organizations, apparently opposed the order. However, President Donald Trump sided with Sessions, who has a history of opposing the expansion of LGBTQ rights, and wanted DeVos to drop her objections.
Apparently there is pressure to move the paperwork along so as to avoid confusion with upcoming cases. The issue comes right before the case of Gavin Grimm, a Virginia boy who is transgender, will be brought to the Supreme Court. Grimm sued his school county when they refused to let him use the boys’ restroom and instead offered him a separate one converted from a janitor’s closet. The Obama White House rejected accommodation like that as unconstitutional and discriminatory.
According to insider Republicans, DeVos was uncomfortable with the idea of revoking protections for transgender students. This is in direct opposition to what Press Secretary Sean Spicer said in a White House news conference that DeVos was “100 percent” on board. And apparently privately, according to several sources, DeVos is quietly pro-gay-rights.
This directive needs the joint support of the Education and Justice Department, meaning that Sessions needed DeVos on board to move forward.
According to the website, OnTheIssues.org, Sessions has a history of voting against LGBTQ rights expansion. In 2006, he voted yes on a constitutional ban on same-sex marriage, limiting the definition for marriage to between one man and one woman. In 2000 and 2002, he voted against adding sexual orientation to the definition of hate crimes. He was rated 20% by the ACLU, indicating an anti-civil rights voting record, and 0% by the HRC, indicating an anti-gay-rights stance.
On the campaign, Trump was tentatively pro-LGBTQ rights. He said that the issue of same-sex marriage was settled when it was legalized and that he would not go back on that. He famously invited Caitlyn Jenner, transgender former Olympic athlete, to Trump Tower and that she could use whichever bathroom she wanted. In April of 2016, Trump spoke against North Carolina’s bathroom ban, saying that people should use “the bathroom they feel is appropriate.” However, when the Obama administration issued guidance that all transgender students should use the bathrooms corresponding to their gender identities, Trump said that it should be left up to the states.
Vice President Pence, when he was the governor of Indiana, signed into law the Religious Freedom Restoration Act, which protected business owners who discriminated against LGBTQ people on the basis of religion. Pence was also critical of Obama’s repeal of “Don’t Ask, Don’t Tell,” saying without it, the military would be a “backdrop for social experimentation.”
Even if Trump himself doesn’t personally hold any opposition to the expansion of LGBTQ rights, by dropping down the impetus to the states to decide what protections to offer transgender students is deeply troubling. These are children who are just trying to go to school. When transgender students are barred from using the bathrooms that correspond to their gender identities, suicide rates increase and health issues arise—dehydration, kidney infections and urinary tract infections. The health problems alone can lead to missed days of school and increased levels of stress.
That Trump himself doesn’t bear any ill will against the queer community does not translate to protection of LGBTQ rights. He totes himself as “the least anti-Semitic person you’ll ever meet” and “the least racist person you’ll ever meet” but if you’re not taking active steps towards the protections of these marginalized groups, you are in effect leaving them to be crushed under administrative oppression and discrimination.