Commentary: Trump's Infraction on Title IX Rights
This week, the media learned that the Trump Administration may be planning on legally altering the fluid Obama-era definition of gender to a more restrictive definition stating the existence of only two genders. In addition, the proposed policy discriminates against the transgender community as it will be considering one’s gender as correlated with their sex. This could have devastating effects for non-binary people by threatening their Title IX rights, which states that, “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.” The Trump Administration should stop pursuing this policy not only because it will create hardships for transgender people who have experienced harassment or discrimination in government-run institutions and programs, but also because the President should feel a sense of duty to represent all Americans equally.
Donald Trump has a notorious history of endorsing anti-transgender policies. At the beginning of his Presidency, Trump banned transgenders people from military service eligibility. Despite his claims, Trump has never been a genuine, vocal advocate for the transgender community. The minimal support he has given them has come in the form of appeasement and populism as he continues to try and rally the transgender community’s support only for his own political gains. Yet if there was any doubt about Donald Trump’s true intentions, it has now been solidified that he is indeed anti-LGBT.
The new policy change proposed by Trump will have catastrophic effects for transgender people. It has already proved difficult under the Trump administration for transgender people to sue for their freedom when they have been harassed or discriminated against at work. Yet it may become even harder if they are not recognized as having a valid gender under the law. These issues will be most prevalent in schools with bullying issues, but the issues will not be limited to just education. There are several complications with receiving healthcare that need to be taken into consideration as well. Under Title IX, discrimination against another person on the basis of their gender identity is illegal. But under this new definition of gender, it would hypothetically be permissible. This means that a transgender person could be in greater danger of not being able to receive the medical help as easily as a cisgender person, which should never be allowed in our society.
This is an intolerable form of oppression. The government does not have the authority to declare someone’s gender at birth when not even doctors are able to. Though Trump preaches smaller government, this is just one more way that the government is negatively intervening in the lives of thousands of Americans. Trump may claim that he is trying to protect the American people, but in regard to transgender issues, what do we need protection from? Members of the LGBT community pose no more of a threat to Americans and American society than any other person does. Different genders should be recognized and embraced, not restricted and invalidated by a demagogue preying on the division in the United States regarding views on gender.