... I certainly have thoughts about the Wednesday move by the Trump administration to withdraw the trans guidance: https://www.buzzfeed.com/dominicholden/trump-reversed-guidelines-protecting-transgender-students?utm_term=.cidDW9DR2#.cmE6Yg6dq …
-
-
-
First: There are a lot of unknowns at this point, and everyone needs to keep that in mind.
-
Second: They did not "reverse" the guidance; they withdrew it.
-
They withdrew the guidance "in order to further and more completely consider the legal issues involved."
-
Neither DOJ nor Education took a position on the underlying question of whether Title IX and its regs provide gender identity protections.
-
Third: They — in the new guidance as well as in both Sessions' and DeVos' statements — gave at least some nod to protecting LGBT people.
-
Fourth: We have the stories about DeVos and Sessions fighting over this and the administration's repeated delays in moving on this.
-
Fifth: We have the pending GG case at
#SCOTUS and the pending Texas et al. and NC cases, as well as others addressing the Title IX issues. -
So, with all that in mind, where does that leave my thinking tonight?
-
It's hard to imagine a world in which Sessions didn't want to go to whatever extent he could to reverse the guidance, not just withdraw it.
-
When you add in the DeVos reports, & then see where things ended up, the situation reads to me like DeVos actually moved things quite a bit.
-
None of that is too say that LGBT advocates and students and allies shouldn't take actions regarding the withdrawing of the guidance ...
-
... but the reality of what's happening on the ground here matters. Especially early in an administration where there is lots of chaos.
-
On the legal side, technically speaking, the only thing that changed is the federal government isn't taking sides any longer on the issue.
-
That matters — the Obama admin had backed Gavin Grimm at the Fourth Circuit — but it isn't the law itself.
-
The guidance — due to a district court injunction — already was on hold in most places and ways, too, so that's not changed.
-
What about GG? That ~is~ a good question, and I think people of good will, as they say, will reach different conclusions about that.
-
In one sense, the case can still be decided, on the underlying question of whether Title IX's sex discrim ban bars anti-trans discrim.
-
But, that question was not the basis for the Fourth Circuit's ruling, so the Supreme Court also could, sooner or later, send the case back.
-
For Gavin Grimm specifically, therefore, this move could have the effect of dragging out his case beyond his high school graduation.
-
And, finally, there is the ~message~ effect: The recollection of AG Lynch’s strong statement of support for trans people’s legal protection.
-
That certainly has changed & could make a difference to school districts (in states w/o other protections) who were undecided on the issue.
-
I know people don't get my thinking on DeVos, but it was either DeVos, as reported repeatedly, or the White House that pulled back Sessions.
-
We don't know for certain. But someone did, multiple reports say it was DeVos, and that makes sense in light of all I've heard and know.
-
Anyway, that's all I got for now. Thanks for listening; I think I responded to all of the issues raised by folks in the tread. </end>
- 1 more reply
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.