Kirsters Baish| It has just been reported by BuzzFeed News that the Department of Education stated that they will not be investigating or interfering if transgender students make complaints that they are banned from bathrooms which correspond with their chosen gender.
BuzzFeed News asked a spokeswoman for the Department of Education, Liz Hill, on Thursday. They asked her if restroom complaints from transgender students are not covered under the 1972 federal civil rights law which is titled Title IX. Hill responded, “Yes, that’s what the law says,” adding on Friday, “Title IX prohibits discrimination on the basis of sex, not gender identity.”
Hill was very clear in stating that certain complaints by transgender students will be investigated, while some will not. Bathroom complaints are not complaints that will be investigated. She explained, “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. 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.”
There have not been any formal announcements made about the Department of Education’s decision. Title IX from the Education Amendments of 1972 explains that discrimination of any kind is forbidden when it comes to the basis of sex. The issue in claiming that transgender complaints fall under this amendment is that the word “gender” is not included in the description, only sex is.
What this amendment is saying is that anyone in the United States will not be discriminated against based on sex. As the Daily Wire puts it, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Those advocating for the transgender community tend to make claims that the text of this specific law is ambiguous when using the word “sex.” They then claim that this means that sex can also refer to “gender.” What they are not comprehending is that the two words are not the same. They do not have the same meaning.
Back in May of 2016, the Obama administration stated that Title IX guarantees that transgender students would be able to use whatever restroom and whatever other school facility (including locker rooms) corresponds to their “gender identity.” Then, in February of 2017, the Trump administration rescinded Obama’s guidance. They explained that it would “more completely consider the legal issues involved.”