National
States urged to ensure bathroom access for trans kids under Title IX
Schools warned that nothing has changed
With the Trump administration giving up its authority to ensure transgender kids have access to the school restroom consistent with their gender identity, a coalition of 50 advocacy groups isĀ turning to the states to enforce federal law on the issue.
In a letter dated July 18 and sent to state education officials in all 50 states, the groups maintain Title IX of the Education Amendments of 1972, which bars discrimination on the basis of sex, prohibits schools from denying transgender kids access to the bathroom according to their gender identity.
āWe are concerned,ā the letter says, āthat the withdrawal of the Title IX guidance might lead some schools to believe that transgender students are not entitled to access bathrooms or other single-sex facilities consistent with their gender identity, or that the law or their obligations under Title IX to protect transgender students have somehow changed. That is simply not the case.ā
The letter ā spearheaded by the D.C.-based legal group Public Justice ā isĀ signed by Lambda Legal, the National Womenās Law Center and 47 other signatories that support transgender rights. Also among the signers is Anurima Bhargava, the former chief of the Educational Opportunities Section of the Justice Department’s Civil Rights Division under President Obama.
It comes on the heels of U.S. Attorney General Jeff Sessions and Education Secretary Betsy DeVos revoking Obama-era guidance in February that informed schools that discriminating against transgender students, including denying access to the bathroom they think is best for them, amounts to a violation of Title IX.
Last month, the Education Department issued new Title IX rules, informing administration officials that discrimination against transgender kids in schools may in fact amount to a violation of the law, although claims of being denied to restrooms may be dismissed as a complaint.
Adele Kimmel, senior attorney for Public Justice, said in a statement even though a new political party is in control of the White House, the rules under Title IX remain the same.
āOur letter is an important reminder to schools that, regardless of whether the Trump Administration enforces it, Title IX requires that every student ā including transgender studentsābe respected, protected and treated equally under the law,” Kimmel said. “This was true before the Obama Administration issued its guidance on schoolsā obligations to protect transgender students. And it remains true, even though the current Administration withdrew that guidance.”
The Obama administration’s assertions that Title IX protected transgender students formed the basis of the U.S. Fourth Circuit Court of Appeals ruling in favor of Gavin Grimm, who as a high school student sued his Virginia school for access to the restroom consistent with his gender identity. However, courts have reached the decision Title IX assures transgender kids bathroom access consistent with their gender identity even without relying on the guidance.
It should be noted that states were an impetus to the withdrawal of the guidance under the Trump administration. Texas Attorney General Ken Paxton during the Obama administration spearheaded a lawsuit filed by 12 states against the guidance, which led to a federal judge enjoining enforcement of it. Litigation led by Nebraska Attorney General Doug Peterson on behalf of 10 more states was also filed against the guidance.
Kimmel told the Blade enforcement of Title IX for trans kids isn’t about states’ willingness to uphold the law, but their obligation to do so.
“Title IX and the U.S. Constitution apply to public schools in every state,” Kimmel said. “Public school districts, colleges, and universities in every state must comply with Title IX and the U.S. Constitution. When they donāt, they may be sued by the injured parties. They may also be sued in an enforcement action by the U.S. Departments of Justice and Education, but thatās unlikely in the Trump administration.”
Kimmel said Public Justice hasn’t yet received any responses from states in response to the joint letter from the organizations.
The Washington Blade has placed a request with the Education Department seeking comment on the demands made to states in the letter.
Chris Minnich, executive director of the Council of Chief States School Officers, is quoted in the Associated Press as saying his organization didn’t oppose Obamaās guidance, but believes disputes on bathroom access for transgender students should be resolved at the local level.
āThese decisions need to be made between states and school districts. Itās not so much a single decision that a state can make,ā Minnich reportedly said. āEvery kid in those schools needs to feel welcome.ā
Federal Government
Biden-Harris administration takes major step toward reclassifying marijuana
New regulations could lessen criminal penalties for cannabis
The U.S. Department of Justice on Thursday took a major step toward loosening the federal government’s regulation of marijuana by issuing a Notice of Proposed Rulemaking to the Drug Enforcement Administration, which outlines a proposal to reclassify it under the federal Controlled Substances Act.
The move comes pursuant to the Biden-Harris administration’s April 30 announcement of plans to recategorize cannabis as a Schedule III substance, which could substantially lessen the criminal penalties for those convicted of using, possessing, selling, distributing, or cultivating the drug.
A 60-day public comment period will begin after the NPRM is published on the Federal Register, along with a concurrent review of the proposed regulatory reforms by an administrative law judge assigned by the DEA.
Since the CSA was passed in 1971, cannabis has been listed under Schedule I, the category reserved for drugs that are considered to be the most dangerous and lacking any currently accepted medical use in the U.S.
In a press release, a senior administration official noted that “marijuana is currently classified higher than fentanyl and meth ā the drugs driving our Nationās overdose epidemic.”
President Joe Biden posted a video on X in which he said the proposal to house cannabis under the Schedule III regulatory regime constitutes “an important move towards reversing longstanding inequities.”
“Todayās announcement builds on the work weāve already done to pardon a record number of federal offenses for simple possession of marijuana,” the president said. “It adds to the action weāve taken to lift barriers to housing, employment, small business loans, and more for tens of thousands of Americans.”
“Look folks no one should be in jail for merely using or possessing marijuana,” Biden said. “Period.”
The president added, “Far too many lives have been upended because of a failed approach to marijuana and Iām committed to righting those wrongs. You have my word on it.”
Too many lives have been upended because of our failed approach to marijuana.
— President Biden (@POTUS) May 16, 2024
So today, the @TheJusticeDept is taking the next step to reclassify marijuana from a Schedule I to a Schedule III drug under federal law.
Here's what that means: pic.twitter.com/TMztSyyFYm
U.S. Federal Courts
4th Circuit rules Montgomery County parents cannot opt children out of LGBTQ-specific lessons
Lawsuit filed in May 2023
A federal appeals court on Wednesday ruled a group of Montgomery County parents cannot āopt outā their children from classes in which lessons or books on LGBTQ-related topics are taught.
The parents filed their lawsuit in May 2023.
An American Civil Liberties Union press release notes the lawsuit challenges Montgomery County Public Schools’ policy that “mandates the inclusion of literature with LGBTQ+ characters as part of the ELA (English and Language Arts) curriculum, aiming to promote understanding and acceptance among students.”
“Although the district originally allowed parents to opt their children out of some ELA lessons, it rescinded the opt-out policy because the number of requests grew too difficult to manage, student absenteeism soared, and it created a stigmatizing environment for students who are LGBTQ or have LGBTQ family members, undermining the purpose of the inclusivity requirement,” said the ACLU.
U.S. District Judge Deborah L. Boardman of the U.S. District Court for the District of Maryland ruled against the parents. The 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld the decision.
āWeāre talking about books like āPride Puppy,ā which is light-hearted and affirming,ā said ACLU of Maryland Legal Director Deborah Jeon in a press release. āDuring a time of intensifying calls to ban books and limit access to information about LGBTQ+ people and identities, this ruling in support of inclusion in education matters.ā
National
Jimmy Carter’s grandson says his grandfather nearing the end
Former president has been in hospice for more than a year
BY JILL NOLIN | The grandson of former President Jimmy Carter provided an update on his grandfatherās condition Tuesday at the Rosalynn Carter Symposium on Mental Health Policy, which was the first held since the former first ladyās death.
Grandson Jason Carter said he visited his grandfather at his home in Plains a couple weeks ago to watch an Atlanta Braves baseball game.
āI said, āPawpaw, people ask me how youāre doing, and I say, I donāt know.ā And he said, āwell, I donāt know myself,āā Jason Carter said during the event at the Carter Center in Atlanta. āHeās still there.ā
Jimmy Carter, who at 99 years old is the longest lived president, has been in hospice care since early 2023. Rosalynn Carter, his wife of 77 years, died in November.
Jason Carter said he believes his grandfather is nearing the end.
āThereās a part of this faith journey that is so important to him, and thereās a part of that faith journey that you only can live at the very end. And I think he has been there in that space,ā Jason Carter said.
His grandfatherās time in hospice care has been a reminder of the work Rosalynn Carter did to advance caregiving and mental health, he said.
āThe caregiving associated with mental health and mental illness is so crucial and so fundamental to the work that we all do in this room and to her legacy that it is remarkable and important, and weāve all experienced it very first hand over the last year so we give thanks for that as well,ā Jason Carter said.
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Jill Nolin has spent nearly 15 years reporting on state and local government in four states, focusing on policy and political stories and tracking public spending. She has spent the last five years chasing stories in the halls of Georgiaās Gold Dome, earning recognition for her work showing the impact of rising opioid addiction on the stateās rural communities. She is a graduate of Troy University.
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The preceding article was previously published by the Georgia Recorder and is republished with permission.
The Georgia Recorder is an independent, nonprofit news organization focused on connecting public policies to the stories of the people and communities affected by them. We bring a fresh perspective to coverage of the stateās biggest issues from our perch near the Capitol in downtown Atlanta. We view news as a vital community service and believe that government accountability and transparency are valued by all Georgians.
Weāre part of States Newsroom, the nationās largest state-focused nonprofit news organization.
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