Friday, April 14, 2017

Criticism and defenses of Trumps Transgender Policy

            President Trump rescinded transgender bathroom rights given by President Obama causing outcry among the LGBTQ community and other activists. Not only was his move unpopular to many, but it was also a little out of character since Trump had not been hard on same-sex issues in the past. This drew criticism from the New York Times when the authors of “Trump Rescinds Rules on Bathrooms for Transgender Students” wrote his stance shift was a sign of “bowing to pressure from the religious right and contradicting his own personal views.” Instead of arguing that Trump thinks unreasonably about LGBTQ rights, journalists are saying he is being influenced by voters, his party or other sources. This notion attacks the concept of President Trump being independent in thought, which was the trait he used to highlight being different from other politicians. Other journalists, from National Review for example, focus more on the protesters like in Jim Geraghty’s article, “What ‘Uproar’ Over Repealing the Obama Transgender Bathroom Directive.” Geraghty takes the attention away from the president’s motivations but argues that the backlash from the decision are insignificant. He reasons that the majority of the country voted for Trump anyway and that the blue districts do not have to give up transgender protections on the local level. The author notes that Obama’s original bill involved “government forcing,” but now it would be left up to more local institutions to protect transgender people. This article concludes that since nobody who supported the directive, voted for Trump, that the ruling is just. The article only has one mention of Title IX though. Even though Obama specified that sex-based discrimination included transgender people, Trump’s administration simply undid all of the Obama administrations alterations to leave the same vague description as before Obama took office. Even without that specification, many argue that Title IX still requires transgender protections just because it is a way to discriminate someone’s gender. Some states have gone on to clarify that the rights apply to Transgender people and some states have even added protections. Jeannie Gersen of the New Yorker predicted issues with Title IX about a year ago claiming that some schools were not equipped to face all of today’s social problems. The author criticized bigoted people for slowing the process of creating an inclusive environment. She says how there were not many actual steps taken in any direction and equates it more to “legal theater.” She concludes the article stating, “The sense that the Education Department has not looked down the road to consider the conflict is only confirmed by its penchant for announcing bold and controversial rules in letters, rather than through lawful processes.” There has not been enough time actually solving the issues with Title IX which made it a vulnerable concept for a new president to change. This has been described as many as another political distraction to other issues by some journalists too. Along with the debates come coverage of protests, but there is very little that has actually happened legally in terms of changes to Title IX or other laws.