Depts. of Education & Justice: ‘Trans Students Are Protected Under Title IX’

Department_of_educationThe U.S. Departments of Justice and Education reached a settlement agreement Wednesday, and trans students across the nation can enjoy greater protection as a result. The agreement comes after a trans male middle school student brought a discrimination complaint against the Arcadia Unified School District in California after being barred from using the boys restrooms and locker rooms. They also barred the student from bunking in the boys cabin during a district-sponsored class trip. The district will have to make "system-wide changes" as a result of the settlement. 

Buzzfeed reports:

"The agreement is the latest mark of a growing legal and administrative trend to interpret bans on sex discrimination as including discrimination based on gender identity and transgender status, and Wednesday’s settlement applied that definition to Title IX of the Education Amendments of 1972, the law that bans sex discrimination in education."

As a result of DOJ and DOE's decision, no school district will be able to discriminate against a transgender student without violating federal law. In their own words, "[a]ll students, including transgender students and students who do not conform to sex stereotypes, are protected from sex-based discrimination under Title IX." They explained the decision by saying…

“In the employment context, federal courts and administrative agencies have applied Title VII of the Civil Rights Act of 1964, the federal law prohibiting sex discrimination, to discrimination against transgender individuals based on sex, including nonconformity with sex stereotypes and gender identity.” 

Restroom SignsThus, this is certainly not the first time that federal agencies have interpreted prior bans on sex discrimination to include protection of trans people. As was explained by Asaf Orr, the National Center for Lesbian Rights staff attorney who represented the student…

“This is a natural extension of the way courts and administrative agencies are interpreting sex-stereotyping. This resolution shows the federal government is continuing to import the sex-stereotyping definition as applied elsewhere, specifically Title VII, into the Title IX context.”

Officials from both agencies did note that “[t]his letter is not a formal statement of [the Education Department’s Office of Civil Rights’s] policy and should not be relied upon, cited, or construed as such." Rather, they maintain that this decision is merely an extension of prior ones made by other federal entities. Buzzfeed referred to it as "an expansion of the terminology, if not reasoning".

You can read the full resolution agreement HERE.

You can read the letter closing the complaint HERE.


  1. MateoM says

    Fantastic! Trans students are finally getting the protection they deserve. Eat it,anti-trans folks and trolls!

  2. K in VA says

    This is a BFD. There should be celebrations throughout the land!

    (One caveat: A future Republican administration could turn this around, so we have yet another reason to elect a Democrat in 2016.)

  3. Brian in Texas says

    I think this is great, but the reality is a male to female trans student trying to compete in women’s athletics will NEVER be accepted by the general public.

    An athlete such as Castor Semenya, who is intersex, and was born with both male and female sexual organs is a different story.

  4. Steven says

    I grew up going to the schools in Arcadia Unified School District, and I was the president of the Gay-Straight Alliance in the high school over a decade ago; so it’s disappointing to hear that these issues existed at the middle school level. However, I’m glad to hear the District settled with the DOE and accepted their stance on the definition of sex including gender identity.

  5. Derrick from Philly says

    good news…for Transgender children who in the past weren’t bashed by just Straight bigots, but by Gay ones also.

    you may try to forgive, but you don’t ever forget.

  6. says

    @Derrick – I love you.

    @RJ, you’re doing great. When reading your articles, I always come across a quirk that lets me know it’s your writing. You have a distinct writing style. Fresh.

  7. says

    ‘I think this is great, but the reality is a male to female trans student trying to compete in women’s athletics will NEVER be accepted by the general public.’

    Brian, the same BS you’re peddling about trans athletes is the same thing people said about gay athletes competing on predominately straight teams and Black people competing with whites.

  8. Karen says

    Obviously, the trans activists will reject this protection because they firmly believe that LGBT go together and one can’t advance without the others. Isn’t that right? We can’t have any gay rights laws unless they protect Ts, so it must be that we can’t have T protections unless they cover LGBs.

    But no, the trans activists will gladly accept this prize. LGBT is a one-way scam and only LGBs are asked to sacrifice.

  9. Male Bug Fan says

    This is not a change in the law. Neither the DOJ nor the Dept. of Education have the power to issue a binding interpretation of Title IX. Only a court may do that, and they will not defer in the slightest to either agency’s views. Further, as the above piece notes, this is not even a change in the Dept. of Education’s policies and the Department itself says that it shouldn’t be cited as such.

    At some point, there is going to be a galvanizing incident in a women’s locker room or bathroom and you will see a rapid backlash by women against this encroachment by trans activists on their rights.

  10. TheDrDonna says

    The TERFs can whine all they want, and pray for some incident that they can spin into a “trans attack on women”, but this is great news, both for trans kids and for any kid who doesn’t fit the mold of societally-acceptable “boy” or “girl”.

  11. Male Bug Fan says

    No whining here. Just stating a fact that this is not a change in the law. And eventually a federal court is going to rule on this and hold what everyone already knows: Congress did not in 1964 intend to give shemales the right to use the women’s bathroom.

    Oh and there will be an incident because you folks are so nutty. Oops, sorry, I shouldn’t have mentioned nuts.

  12. TheDrDonna says

    I don’t care if you write a dissertation on nuts, because you obviously aren’t a psychiatric professional or a policy maker, so your only way of effecting a change is by blathering about it here in the comments swction of a blog that obviously doesn’t agree with you. And you can do the whole “something non specifically bad is gonna happen!” schtick as much as you want, it worked so well for NOM and co.

  13. Male Bug Fan says

    LOL. Because I wrote a comment that means that all I do is write comments? Maybe I have a day job and maybe that involves making shemale policy. Or maybe I am a waiter. Who knows?

    One thing we know about shemales is that they are likely to be unemployed. Many live off of the fruits of other peoples’ labor.

  14. Derrick from Philly says

    @ “One thing we know about shemales is that they are likely to be unemployed.”

    You have statistics on the unemployment rate for Transwomen? And for those who are unemployed it’s due to extreme bigotry and discrimination. The same kind of bigotry and discrimination that caused Gay men to be fired from their employment not too long ago.

  15. TheDrDonna says

    Ha, you obviously don’t work with trans people because you couldn’t possibly say the things you do here and keep your job, unless you work for Concerned Women of America or some other hate group. Whether you have a job outside of that field matters little to me; you’re toothless either way. Regarding trans women’s employment status as a group, Derrick has already said everything that needs saying.

  16. says

    wonderful news, as everyone with a spine and a functioning heart and brain understands.

    and Anonymous Trolling Coward, no matter how many various screen name you use to come on here to spew your anti-TRans B.S. every day, the fact that you’re not man enough to put a face to your comments proves what a worthless wimp you are. so yay!

  17. Male Bug Fan says

    Little Kiwi/Derrick, “DrDonna”is anonymous too. So you are attacking him/it as well. However, unlike you, I do not question DrDonna’s manhood.

    DrDonna, thanks for admitting by way of your silence, that shemales are often unemployed. It is good that we can at least agree that shemales are a drain on society. And BTW, that failure to work occurs in the states and large cities that have shemale job protections too. So it isn’t the result of discrimination. It is because shemales are a mentally ill population unable to hold down a job. Which is why you will always be marginal, bitter and angry.

  18. says

    Male Bug, you need to stop being angry at transgendered people for the fact that you’re a pathetic wimp with no balls. For real. You need to stop being mad at transpeople; it’s not their fault your family hates your f***ing guts and nobody will date you.

    but hey, keep coming here every day, like an anonymous wimp, spouting your bigotry. it just proves me right.
    there’s a world of prejudice and hatred, leading many people to take their own lives. it’s tragic.
    you, however, would do the world a big favor by doing a swandive off a rooftop onto the street.

    we get it. you’re a wimp and hate that transpeople are Out while you’re not. typical.

  19. TheDrDonna says

    Actually I’m employed. And, I wasn’t silent, I specifically pointed to Derrick’s comment, which was a good rundown on why you are wrong. Yes, trans people are disproportionately unemployed. You say that that cannot be due to discrimination because of employment protections? Keep drinking that kool-aid, friend, because I bet you think women, gays, or racial minorities face discrimination in the workplace either. It’s outlawed! And you can’t provide any sources to back up your claims that trans folk are mentally ill and, as a direct result, unable to keep a job because those claims are entirely fabricated.
    And yes, I’m anonymous, because there are cowards and bigots like Cathy Brennan who would out me or smear me to further their own hateful, exclusionary agenda. I don’t hold people’s anonymity on the Internet against them, that’s their prerogative. However, that means their arguments have to stand on their own, and yours are hot air and lies, smoke and mirrors.

  20. says

    also, to be fair DrDonna, there are some things that only “cowardly bigots say” – the usual racist anti-trans anti-effeminacy anti-woman nonsense.

    there’s a whole subcategory online, especially here on T.R., where a very specific set of “opinions” are only ever, EVER, spouted by The Anonymous Posters. never any that can put a face to them.

    they know this, however. that’s why they alternate screen names, to pretend they have allies. they don’t, however. and never will.

    and there’s a reason they need anonymity to spout their bigotry: they know they’re wrong. and being wrong makes them angry.

  21. Derrick from Philly says

    @ ‘It is because shemales are a mentally ill population unable to hold down a job.”

    “mentally ill population”? All 7 billion of us have (or are going to have) some mental issues in life. It’s when you allow yourself to become bigoted and hateful towards whole groups of people that those mental issues become harmful to innocent folks.

    On the issue of employment–I know Transwomen who’ve had to earn a GED so they could go on to college. You know why? Because high school was impossible. They risked lives just trying to attend school. No support from most teachers, none from almost all fellow students, and usually none at from the staff.

    There is a medical facility here in Philadelphia called the Mazzoni Center. It services the LGBT community. The times that I visited the center there was a Transwoman who worked the front desk. It’s been years since I was there, but I’ll always remember how pleasant she was and how comfortable she male people feel. She was more than a wonderful employee.

    BTW, the writing style in your last comment reminded an awful lot like a rat named Rick.

  22. Male Bug Fan says

    Hey guys – and I do mean guys –

    I don’t post under other names, unlike Kiwi/Derrick. I am not racist or anti-woman. In fact, it is trans activists who attack women, invade their spaces, and threaten them with violence.

    DrDonna, it is too bad you are afraid of being outed. Outed as what? A shemale? A trans activist? Why would you be ashamed of that? You should share it with the world.

    Also, you know very well that neither Brennan nor anyone else does anything to trans activists. No one has stalked you or threatened to attack you or physically intimidated you in a park. All of those things have happened to feminist women at the hands of trans activists. Shemales are violent.

    BTW, if you admit that protections don’t lower trans unemployment, then how perverse is it that you and your fellow shemales prioritize such protections? You should be focusing your efforts on things that might actually get shemales into the workforce, like mental health counseling and anger management classes. But you don’t care about trans lives, you only care about winning trophy legislation so you feel less shame over being shemale.

  23. TheDrDonna says

    Hahaha, oh, the level of ignorance being shown here is sad. Trans folks undergo extensive counseling, and in the US several medical and psychiatric professionals oversee any transition. Of course, you wouldn’t know that, because you aren’t interested in anything other than demonizing trans folk. Cathy Brennan is a notorious, odious bigot, and any uninvolved party who examines her actions will assure you that she’s in the wrong.
    Now, these other baseless assertions you make about trans women, do you have any proof? I didn’t think so, because your kind never does. That’s why you’re losing the battle: you can’t show that anything you say is true (because it isn’t).

    And it’s rich of you to presume to know what I’ve been through. But then again, I’m sure the other TERFs really appreciate you appropriating gendered violence to attack people who suffer from that same violence. But hey, keep on trying, champ! I mean, you won’t win, but at least you’ll be remembered alongside other great champions of equality like Brian Brown and Bull Connor.

  24. Male Bug Fan says

    “Trans folks undergo extensive counseling, and in the US several medical and psychiatric professionals oversee any transition.”

    We were talking about transgender unemployment and you respond with an assertion that applies only transsexuals, and in fact, only a privileged subset of transsexuals who have the resources to “transition” or in plain language, to hire doctors to cut their penises off. Your true colors shine through. Not only do you not care about LGBs, you don’t even care about most Ts. All you care about is a tiny group of surgically altered men who are just like you.

  25. TheDrDonna says

    I love the ongoing and feeble attempts to misconstrue my words. You made the specific (and specious, but you refuse to respond to that part) claim that trans folks need “mental health counseling and anger management”, and I was pointing out that that’s wrong, and ignorant. Most trans folk who live full time as the opposite gender (thus, the ones most strongly affected by antidiscrimination laws) will have some form of interaction with a medical professional. Seeing a psychiatrist and getting hormones is relatively cheap, so even those who cannot afford the surgery usually can get access to hormones if they desire them. By all means, though, keep making unsubstantiated claims about a group that you’re blatantly ignorant of, and which I am a part of. You obviously would know more than me.
    And, relating to LGBs, how did that even get involved? You claim I was somehow diverting, and then claim that my words somehow betray a disdain for LGB people? I unequivocally support LGB people, especially given that I AM one and also have a gay brother whom I love dearly. Don’t let that stop your lying, though.

    Seriously, have you noticed that you are incapable of providing proof for any of the lies you’ve been peddling? That’s what really shows how little you know. You’ve proved yourself incapable of telling the truth, or even convincing lies. It’s pretty depressing, actually, to think that anyone might be convinced by someone as inept as you. Say what you will about Cathy Brennan, but at least she has the guts to go out there and create misleadingly edited videos and other carefully chosen propaganda to get other schmucks onboard with her bigotry.

  26. says

    Donna, you have to forgive Male Bug. Transpeople emasculate him, you see. LIke the “i hate femmes!” cowards, he’s a sad man who finds no love nor acceptance as a gay man in his own life. not from friends, community, and certainly not from family.

    so, when he and his ilk hear and see stories about proud, empowered transpeople they get terribly upset. because those transpeople are “weird” to them, and yet for all their “weirdness”…they’re not slinking away in the shadows. they live out loud.

    and for an insecure homosexual with no spine, that’s emasculating.

    but take solace: “male bug”, under his various screen name, will die alone and unloved. so yay 😀