Liz Hill, a spokesperson for the Department of Education stated on Thursday that restroom complaints from transgender students are not covered by a 1972 federal civil rights law called Title IX.
Hill answers, “Yes, that’s what the law says,” adding on Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”
She also made it clear that some complaints by transgenders students will indeed be investigated, but bathroom complaints will not be amongst them.
She mentions, “Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX. In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
The Department’s decision for no formal announcement has been made
The word “gender” is not included in its language in part IX of the Education Amendments of 1972 states that discrimination is forbidden on the basis of sex.
Nobody on the basis of sex in the United States shall 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.
Advocates for the transgender community claim by using “sex,” in the text of the law is ambiguous, allowing them to claim that sex can indeed refer to the term “gender.”
In May 2016, the Obama administration issued guidance for Title IX guarantees transgender students who can use bathrooms and other school facilities matching their gender identity.
In February 2017, Obama’s guidance was considered null by Trumps administration stating “more completely consider the legal issues involved.”
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