As one of the journalists in the country who has followed the Title VII/Title IX LGBT developments over the past five years most closely ...
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So, with all that in mind, where does that leave my thinking tonight?
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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.
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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.
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None of that is too say that LGBT advocates and students and allies shouldn't take actions regarding the withdrawing of the guidance ...
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... but the reality of what's happening on the ground here matters. Especially early in an administration where there is lots of chaos.
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On the legal side, technically speaking, the only thing that changed is the federal government isn't taking sides any longer on the issue.
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That matters — the Obama admin had backed Gavin Grimm at the Fourth Circuit — but it isn't the law itself.
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The guidance — due to a district court injunction — already was on hold in most places and ways, too, so that's not changed.
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What about GG? That ~is~ a good question, and I think people of good will, as they say, will reach different conclusions about that.
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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.
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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.
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For Gavin Grimm specifically, therefore, this move could have the effect of dragging out his case beyond his high school graduation.
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And, finally, there is the ~message~ effect: The recollection of AG Lynch’s strong statement of support for trans people’s legal protection.
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That certainly has changed & could make a difference to school districts (in states w/o other protections) who were undecided on the issue.
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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.
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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.
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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>
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New conversation -
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im curious as to what you think will happen with case? The crux of it is Auer deference, isnt that essentially moot?
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