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discrimination
In 'Attack on Trans Students,' Federal Judge Strikes Down Biden's Title IX Protections
The Republican judge cited the Supreme Court's recent decision that stripped federal agencies of their regulatory power.
Jan 10, 2025
In a decision that was partially underpinned by the U.S. Supreme Court's overturning of a 40-year-old legal precedent last year, a federal judge in Kentucky on Thursday struck down President Joe Biden's expanded protections for transgender youths and other vulnerable students, saying the administration overstepped in introducing the rules.
Chief Judge Danny C. Reeves of the Eastern District of Kentucky ruled that the Education Department did not have the authority to expand the protections provided by Title IX of the Civil Rights Act, which since 1972 has prohibited sex discrimination at schools that receive federal funding.
The ruling applies to the new definition in Title IX that was proposed by the department last April, which prohibited "discrimination on the basis of sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity."
Right-wing activists and politicians objected in particular to the protections for gender identity.
The rules stopped short of requiring schools to allow transgender students to play on sports teams that correspond with their gender identity—a key fixation of the far right—but required schools and staffers to accept students' identities on a daily basis, for example by calling them by their preferred pronouns rather than according to their sex assigned at birth.
The rules have been blocked in 26 states as Republican leaders in Tennessee, Kentucky, Ohio, Indiana, and other states have filed legal challenges.
In his ruling, Reeves, who was appointed by former President George W. Bush, wrote that "the entire point of Title IX is to prevent discrimination based on sex."
"Throwing gender identity into the mix eviscerates the statute and renders it largely meaningless," he said.
Reeves wrote that "the final rule and its corresponding regulations exceed the department's authority," citing Loper Bright Enterprises v. Raimondo, the Supreme Court case in which the court's right-wing majority overturned the so-called Chevron doctrine. The legal precedent held that judges should defer to federal agencies' reasonable interpretation of a law if Congress has not specifically addressed the issue at hand.
The judge also rejected the Education Department's position that protections for transgender people against workplace discrimination—which were established in 2020 in the Supreme Court case Bostock v. Clayton County, Georgia—should also apply in schools that receive federal funding.
At Law Dork, journalist Chris Geidner wrote that Reeves rejected "Bostock's application to Title IX and [cited] his newfound authority in the wake of the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo to determine 'the statute's single, best meaning' himself."
"As such, he took that authority to decide what Title IX means, the department's view notwithstanding, and set aside the rule," wrote Geidner.
Reeves also wrote that requiring teachers and schools to use students' preferred pronouns and names "offends the First Amendment" and violates the free speech rights of teachers.
That assertion, said Jennifer Berkshire, author of The Education Wars, "really shows you how fake the rhetoric of 'parents rights' is."
"The idea that using a student's preferred pronouns is in any way an imposition on teachers is patently absurd," added Jonathan Cohn of Progressive Massachusetts. "If you can handle using nicknames, you can handle correct pronouns."
Fatima Goss Graves, president and CEO of the National Women's Law Center, said the judge turned "longstanding legal precedent on its head in a direct, disproportionate attack on trans students," and noted that the harm caused by the ruling will extend beyond transgender students.
"Today's decision displays extraordinary disregard for students who are most vulnerable to discrimination and are in the most need for federal protections under the Title IX rule," said Goss Graves. "The Biden administration's Title IX rule is essential to ensure that all students—including survivors of sexual assault and harassment, pregnant and parenting students, and LGBTQI+ students—are able to learn in a safe and welcoming environment. With these protections already removed in some states, students who experience sexual assault have had their complaints dismissed, or worse, been punished by their schools after reporting; pregnant students have been unfairly penalized for taking time off to give birth to a child; and LGBTQI+ students have faced vicious bullying and harassment just for being who they are."
Melanie Willingham-Jaggers, executive director of the LGBTQ rights group GLSEN, told The New York Timesthat the ruling "shows a stunning indifference to marginalized youth facing harassment and discrimination, as well as hardworking school administrators and principals who are working to build safer learning environments for their increasingly diverse student populations."
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The Fight for Transgender Rights Is a Class Struggle Fight for Equality
Working class politics must embrace trans rights as the fight for trans rights, women’s rights, and LGBTQ rights are not separate from the fight of the working class.
Dec 27, 2024
President-elect Donald Trump said at a conference for young conservatives in Arizona this past Sunday that the official policy of his upcoming administration would be the recognition that there are only two genders, male and female, and pledged to stop “transgender lunacy” from day one of his presidency.
Transgender issues have become a hot topic in U.S. politics, with Democrats and Republicans adopting opposing policies on matters such as healthcare provision and the types of books allowed in public schools and libraries. Republicans have been pushing against LGBTQ rights for many years now, and Republican-led state legislatures have passed legislation restricting medical care to transgender youth. As such, there is little doubt that the incoming Trump administration will seek to make good on its promise to punish transgender people and the LGBTQ community in general.
There are an estimated 1.6 million transgender people in the United States, facing severe discrimination and constant denial of their fundamental rights and, in many cases, even rejection by their own families. Their only crime is that they do not conform to societal expectations of gender identity, meaning that they do not fit the confines of male and female binaries. Yet, transgender people have existed for as long as humans have been around. There is ample documentation of transgender people from ancient Mesopotamia to the Greek and Roman empires. Indeed, the ancient Greeks did not have the same concepts of gender and sexuality that eventually became crystalized in the modern Western world, from around the start of the 16th century. In Greek mythology, Hermaphroditus, the god of hermaphrodites and effeminates, was partly male, partly female.
Transphobia kicks in to enforce the division of labor by sex and gender as roles in the workforce in capitalist societies have mainly defined and formed our gender.
Records from U.S. hospitals and clinics of trans kids seeking medical care date back to the early 20th century. Therefore, arguments denying transgender realities are simply outrageous while policies restricting the rights of transgender people (such as receiving basic healthcare, education, and legal recognition) should be treated as nothing short of conscious attempts to cause direct harm to individuals identifying themselves as transgender and assessed as nothing less than criminal.
There are many reasons why people wish to deny transgender realities and why so many states want to limit transgender rights, ranging from cultural and religious reasons to psychological ones. Transphobia however is also a product of a particular type of society, one built around class divisions where maximization of profit and the reproduction of labor power are essential features. In class divided societies, gender stereotypes and thus sexual dimorphism go hand in hand with the desire to maintain the existing status quo and the specific form of labor relations built into such systems. Indeed, under capitalism, beliefs and assumptions about biological essentialism and gender binarism are convenient ways to keep reproducing a mode of production and a social order in which people need to be divided and boxed into neat categories. Transness disrupts capitalist social relations as masculinity and femininity are built into the economy as a binary relation. In this context, transphobia kicks in to enforce the division of labor by sex and gender as roles in the workforce in capitalist societies have mainly defined and formed our gender.
Under capitalism, transgender people are affected by the same structures that oppress the working class. Aside from the treatment of transgender people by the private healthcare industry, whereby discrimination is quite prevalent, some 50% of trans people also report employment discrimination while their level of unemployment is double the natural average. Transgender workers tend to have much lower income than the general population and are twice as likely to be living in poverty.
Transgender rights are therefore a working-class issue and “the fight for trans equality must be recognized as class struggle.” Of course, this is not to deny the fact that there are very rich queer people inside the system that do what capitalists basically do, which is to exploit other people. There is even a proportion of the capitalist class that supports transness and LGBTQ people, but we should bear in mind that the relationship between capitalism and oppression has always been dynamic and contradictory rather than mechanical and linear.
That said, working class politics must embrace trans rights as the fight for trans rights, women’s rights, and LGBTQ rights are not separate from the fight of the working class. A working-class program must address the needs and wants of trans people as most of them are indeed disproportionally poor and working-class. Unions, for instance, should follow the example of United Steelworkers who got rid of exclusions of gender-affirming healthcare. Unions should mobilize their members to fight back against anti-trans legislation at every level. And we must not forget that most of our citizens are not on the side of Trump and the Republicans when it comes to transgender people. Polling shows that two-thirds of U.S. citizens oppose transphobic bills, even though more than half of the states have introduced pieces of legislation seeking to curb the rights of transgender people.
Trumpism as a political strategy has always been about polarization, division, and bigotry. The fight against the upcoming administration requires class solidarity among all oppressed and marginalized group in U.S. society. The fight for transgender rights is a fight whose outcome will undoubtedly prove pivotal in the overall struggle to resist Trump’s extreme agenda (which includes mass deportations) in the next four years, starting January 20, 2025.
At the conservative conference in Phoenix, Arizona, Trump simple reiterated his plans to pass a federal ban on gender-affirming care for youth and to redefine gender at the federal level whereby the recognized genders are as assigned at birth. These policies would be an extension of what took place during the first four years of Trump in office, a relentless onslaught of attacks toward queer people. And Trump has already announced a host of extreme anti-trans appointees to key administration positions, which include former professional wrestling executive and anti-transgender advocate Linda McMahon as education secretary; Robert F. Kennedy, Jr., who opposes gender-affirming care, as secretary of health and human services; and white supremacist and anti-LGBQ Stephen Miller as White House deputy chief of staff for policy.
The challenges that lie ahead for progressive communities across the United States for the next four years are many and severe. The fight for trans rights will be a long, arduous one, but winning it will be a huge victory for equality. There should be no mistake about that, which is why it must be recognized as class struggle.
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Can Americans Come Out if Corporations Have Shut the Door? A Call for Courage
We have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. Instead, corporate leaders should stand up for their LGBTQIA+ employees.
Oct 11, 2024
Today, our nation celebrates National Coming Out Day. This October 11, you may see a wave of brave stories from your friends or family members, right along with messages of support from corporations touting their inclusive environments. It is a day when many of us in the LGBTQIA+ community choose to share our true selves with our loved ones, our community, our co-workers, and the world. And it serves as a reminder of the progress that has been made and how fortunate we are that so many can now feel comfortable to live openly and out loud.
After centuries of battles, whether that be on the streets outside Stonewall or in the courtrooms across our country, it is comforting to know that the efforts of our elders have helped to create a society where more people feel comfortable enough to live as their authentic selves.
Yet, the progress that we see today can, if we are not paying careful attention, belie the reality that our communities—and the progress we've made—continue to be under attack. Coming out is a deeply personal choice—a choice that becomes more difficult without cultural acceptance, and without the promises of security and protection we have increasingly begun to expect. But these hard-fought protections are, sadly, now being stripped away by the anti-DEI (Diversity, Equity, and Inclusion) movement and its pressure campaign pushing employers to backtrack on their commitment to inclusivity.
Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.
Across the country we have been seeing a concerning trend of companies, both large and small, scaling back or eliminating their DEI commitments out of fear. One key measure of that is the number of companies withdrawing from participation in the Human Rights Campaign (HRC) Corporate Equality Index, a long-time and widely used measure of companies' commitment to respecting the rights of their LGBTQIA+ employees. To maintain the progress we've made, it is important that we recognize and push back on these attacks.
National Coming Out Day was created in 1988 to commemorate the first anniversary of the 1987 National March on Washington for Lesbian and Gay Rights. Inspired by the visibility of that event, the day was meant to encourage individuals to live openly and make themselves visible at home, at work, and in their local communities—demonstrating the strength of the LGBT movement and promoting acceptance. By 1993, the National Coming Out Day organization had merged with the Human Rights Campaign Fund. HRC's Corporate Equality Index later grew from this sentiment and was developed to push for a world where gay, lesbian, bisexual, transgender, and queer employees could be out at work without facing discrimination in hiring or on the job. This was a crucial tool for LGBTQIA+ employees at the time of its creation, and it still stands as an important resource for the community to this day.
When companies like Ford, Harley-Davidson, and Lowe's —all targeted by ultra-conservatives to sow division and fear—withdraw from participating in the Corporate Equality Index, they undermine a tool that has driven substantial progress for LGBTQIA+ employees over the past two decades.Today, the index is as crucial as ever. It's not just about acceptance or branded pride parade swag; it's about creating an environment where everyone—regardless of sexual orientation or gender identity—can thrive. And thriving requires that our laws and institutions guarantee that one's livelihood, healthcare, and chance for financial security are not put at risk by choosing to live openly and freely. LGBTQIA+ employees in many states are already feeling their human rights come under attack through hateful and discriminatory state laws. The last thing they need is to have their places of employment also turning their backs on them. How can individuals feel safe coming out when the very systems designed to protect them are under attack?
The rollback of DEI programs isn't just a moral issue; it's increasingly a legal one. Lawsuits have been filed against employers claiming that DEI initiatives that work to welcome and include people of color and LGBTQIA+ folks discriminate against white people and straight cisgender people. While these suits exploit existing tensions, they overlook an important fact—legal protections exist to support inclusive workplaces.
Under Title VII of the Civil Rights Act of 1964, employment discrimination in the United States on the basis of sexual orientation or gender identity is illegal. This was made clear in 2020 with the Supreme Court's decision in Bostock v. Clayton County. This legal framework provides a foundation for companies committed to true inclusivity and is the starting point for them to showcase an authentic commitment to equality.
To the corporate leaders reading this, now is the time to stand firm and hold strong in your values. It's easy to support diversity in times of peace, but it's during times of challenge that true commitment is tested. Companies who were early allies in the fight for equality are still remembered and respected to this day. Now is the time to prove you respect your LGBTQIA+ employees as people, and that their personhood is not a fad that can be easily discarded when there is pushback.There are legal protections to ensure your commitment to the principles of equality and inclusion are bolstered against this wave of divisive political agendas. And it is your duty to ensure DEI is cemented into your institution's core values.
National Coming Out Day is a celebration of courage. It is a reminder of the progress that has been made possible by that courage, and that every person deserves the right to live openly without fear of retribution or exclusion. But this can only happen in an environment where safety and acceptance are firmly rooted in our laws and our institutions. This October 11, let's reaffirm our commitment to equality and stand up to this hateful and divisive anti-DEI rhetoric.
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