After weeks of dropping hints about the Education Department’s intentions around the civil rights of transgender students, the truth has finally come to light. BuzzFeed News reports that a spokesperson for the Department confirmed they won’t be investigating any complaints by transgender students regarding access to the proper bathroom that aligns with their gender.
Asked for further explanation on the department’s position, Hill said Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”
She added that certain types of transgender complaints may be investigated — but not bathroom complaints.
“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,” Hill said. “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.”
Now, this isn’t a surprising development for people familiar with the systemic rollback of civil rights protections for the most vulnerable under this administration. There’s also something very familiar about this move; not only is it an attack on civil rights, but some—like former Department of Education’s Office for Civil Rights head Catherine Lhamon—call the move “legally dubious.”
“Until now, the official position of the Department has been that Title IX protects all students and that they were evaluating how that protection applies to the issue of bathroom access,” she said in an email to BuzzFeed News. “This new categorical bar of civil rights protection for transgender children required to attend schools every day ignores the text of the law, courts' interpretation of the law, the stated position of the Department to date, and human decency.”
The Education Department’s stance conflicts with two federal appeals courts, which held that Title IX guarantees transgender students’ access to restrooms matching their gender identity. Lower courts have been divided on the matter.
While this revelation is new, it is unclear when the Department decided to stop considering these complaints. They declined to answer when asked by BuzzFeed.