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WASHINGTON ― President Donald Trump outraged LGBTQ rights supporters on Wednesday when his administration eliminated Obama-era federal guidance to schools aimed at protecting transgender students from bullying and discrimination.
But it’s important to note that Trump’s action, while it may seem mean-spirited, didn’t change anything legally. The same federal and state laws that protect transgender people against discrimination are still in place, and Trump’s move has no effect on them.
The guidance that President Barack Obama’s Departments of Justice and Education issued to school districts in 2016 was just that: guidance. It wasn’t legally binding. It directed schools to accommodate transgender kids’ desire to use school bathrooms and locker rooms that reflect their gender identity.
The Obama administration issued that guidance based on its interpretation of Title IX, the 1972 federal law that bans sex discrimination in schools that receive federal funding. His agencies read the law to mean that schools have to treat a student’s gender identity the same as the student’s sex.
“The guidance … didn’t create law,” Vanita Gupta, the DOJ’s civil rights chief under Obama, told NPR on Thursday. “The guidance simply enunciated the Justice Department’s interpretation of Title IX and what federal civil rights law requires of schools. It was based on a decade of case law. It was based on proven best practices that, frankly, a lot of schools around the country were already implementing at the time that we issued the guidance.”
So, for example, if a teacher told a transgender boy he couldn’t use the boy’s bathroom at school, the Obama administration would argue that that would qualify as discrimination based on that boy’s sex, which would be illegal. That direct tie between a student’s gender and sex isn’t explicitly spelled out in Title IX, but that’s how Obama’s team was interpreting the law, and that’s the thrust of the guidance they issued.
Trump got rid of that guidance, but he can’t get rid of Title IX. And Obama’s interpretation of that law ― that a student’s gender identity should be viewed the same as the student’s sex ― is the opinion of a federal appeals court and more than a dozen district courts that have tackled related issues over the last 15 years.
The only difference now, without that guidance, is that transgender students would have to go through more of a hassle when suing a school for discrimination, because they’ll have one less tool to assert the right to use the restroom of their choice.
“They have access to the courts, even without the guidance,” explained Sarah Trumble, deputy director of social policy at Third Way, a centrist think tank. “It’s just a heavier burden for them to vindicate those rights without the guidance.”
It’s also worth noting that Obama’s guidance has been frozen since August, when a judge in Texas blocked it nationwide.
Yet independent of that ruling, many states and localities have been mindful of students’ gender identities. As Third Way spells out in a handy explainer, 14 states, the District of Columbia and hundreds of local school districts already have their own policies that protect transgender students from discrimination.
Transgender students are among the most vulnerable people in schools. More than half of them nationwide face verbal harassment, a quarter are physically attacked and 13 percent are sexually assaulted while attending school because they are transgender, according to the 2015 National Transgender Discrimination Survey. Seventy-seven percent experience mistreatment between kindergarten and 12th grade, the survey says.
The big development to watch when it comes to discrimination against trans people comes in March, when the Supreme Court hears oral arguments in the case of Gavin Grimm, a transgender teenager who’s suing the Gloucester County School Board in Virginia for denying him the ability to use school bathrooms that match his gender identity. While the U.S. Court of Appeals for the 4th Circuit and other districts courts have deferred to the Obama administration’s interpretation of Title IX, applying the law’s protections to transgender students, this case could be the ultimate decider.
The American Civil Liberties Union is representing Grimm before the Supreme Court. The organization was using Obama’s guidance as part of its argument in Grimm’s case, but with that gone, it’s now relying almost entirely on the text of Title IX to make the case that the law should apply to gender identity.
Joshua Block, the lead ACLU attorney in Grimm’s case, said the slew of previous court decisions in favor of Title IX applying to transgender protections gives him a strong case.
“While it’s disappointing to see the Trump administration revoke the guidance, the administration cannot change what Title IX means,” Block said. “When it decided to hear Gavin Grimm’s case, the Supreme Court said it would decide which interpretation of Title IX is correct, without taking any administration’s guidance into consideration. We’re confident that the law is on Gavin’s side and he will prevail just as he did in the 4th Circuit.”
The Gloucester County School Board issued a statement praising Trump for rescinding the guidance, saying it shows why decisions about transgender students’ use of bathrooms should be decided at the local level.
“This action shows ‘due regard for the primary role of the States and local school districts in establishing educational policy,’” reads the board’s statement. “We look forward to explaining to the Supreme Court why this development underscores that the Board’s commonsense restroom and locker room policy is legal under federal law.”
The Supreme Court will hear oral arguments in Grimm’s case on March 28.
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She’ll always be daddy’s girl.
On Feb. 22, the late Steve Irwin would have turned 55. Bindi, his daughter, celebrated the occasion by posting a picture on Instagram of her dad doing what he loved most — being around animals.
“Always in our hearts,” wrote the 18-year-old in her Instagram post.
Steve Irwin, a wildlife expert known as the “Crocodile Hunter,” died at the age of 44 in 2006 after a stingray barb pierced his heart.
Bindi’s above caption isn’t an understatement. Both Bindi and her 13-year-old brother, Robert, have followed in their father’s footsteps.
Both siblings work at the Australia Zoo, which their father turned from the two-acre Beerwah Reptile and Fauna Park into a major tourism destination that their mother, Terri, currently runs.
In 2014, Bindi won the Young Conservationist of the Year award from the Australian Geographic Society. In 2015 she took home the mirror ball trophy on Season 21 of ABC’s “Dancing with the Stars” after performing a moving dance in her father’s memory.
Robert was recently on “The Tonight Show” with Jimmy Fallon with a few animal friends from the Australia Zoo in tow. Robert’s resemblance to Steve and his father’s spirit is absolutely wild.
R.I.P., Steve. You’ll always be missed.
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A pastor at an Oregon church got an unpleasant surprise last weekend when his Sunday sermon was interrupted by a man spewing anti-LGBTQ rhetoric.
Pastor Don Frueh, who is openly gay, was about 25 minutes into his Feb. 19 sermon at Portland’s Parkrose Community United Church of Christ when an unknown man in the congregation began clapping loudly, KATU reports. The man appeared to be angered by Frueh’s “Loving Otherness” sermon, which included a short video about how to combat discrimination, and approached the altar, where he began shouting homophobic comments.
“I’m here to tell you that homosexuality is wrong, and what you’re doing in wrong. Homosexuality is an abomination to God,” the man said. “You are here because a man and a woman had sex, OK? You’re not here because two guys had sex. You’re not here because two girls had sex.”
You can watch the full sermon below. The protester’s comments begin around 25:56.
As the man was shouting from his stance near the pulpit, a group of parishioners formed a semi-circle around him, and escorted him outside.
Frueh opened up about the experience in a post on the church’s official Facebook page that day. Included in the post was the pro-inclusion video that had been shown at the service before the man interrupted.
“As I reflect on the service and the prayers which came, it is clear to me that following Jesus’s example is not without risk, and at the same time, it shows how love wins,” he wrote. Noting that congregants offered prayers for the man who interrupted the service after he’d been ushered off the altar, he added, “Our work is not easy, my friends. It is not for the faint of heart. But it is for all who wish to see a world at peace where everyone is valued and held as sacred.”
Frueh told The Huffington Post that one of his congregants called the police at the time of the incident, but that officers arrived after the man had left the scene. The pastor will offer a special moment at the start of his Feb. 26 service to acknowledge his congregants’ concerns, he said, but ultimately, sees the incident as a reminder for everyone “to be as open and welcoming as we can be.”
“When all is said and done, we are called to live what we understand as the Gospel of Jesus, we are called to welcome everyone, and we will continue to do that while acknowledging the risks,” Frueh told HuffPost. “The mat in front of our doors says ‘Extravagant Welcome’ and we mean it.”
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Introverts often find themselves in romantic relationships with extroverts, despite their fundamental differences in temperament.
Perhaps it’s because they balance each other out. Introverts (or “innies”) ― who gain energy by spending time alone ― are drawn to extroverts because of their easy-breezy social nature. Extroverts (or “outies”) ― who recharge their batteries by spending time with other people ― may find themselves attracted to introverts because of their ability to listen and ground the more restless parts of the extrovert’s personality.
If you’re married to, dating or even just romantically interested in an introvert, below are 10 things our self-proclaimed “innie” readers want you to know.
“An introvert needs time alone, and it has nothing to do with you. She’s not mad, she’s not holding anything in and she certainly doesn’t need to ‘talk it out.’ She just needs to recharge so that when she does come back, she can be 100 percent in the moment with you. Giving her the space to do this without guilt or nagging means you both win in the end. My husband gladly backs off when I’m ‘introverting’ because he knows the payoff for our relationship is huge.” ― Betsy Talbot
“The general small talk chit-chat grates on my nerves ― I don’t like it and feel awkward trying to engage in it. However, discussions on more meaningful topics truly catch my interest and I can ramble on and on or listen at length with keen interest.” ― Julie Lombard
“Just let your introvert partner be him or herself. Understand that our personalities are different and that we have our own way of loving.” ― CM Dimen
“While we might complain and whine, getting out is good for the balance of introvert-extrovert dating. It is ideal in a balanced relationship. If my wife never got me out, I might never go.” ― Darcy Johnston
“It’s okay not to talk all the time. Sometimes the greatest intimacy is just being together in comfortable silence. It can be cuddling or it can be separate, but it’s okay to be quiet.”― Jenna Schulcz
“I may appear quite serious at first; however, once I feel comfortable around you, then I open up more and reveal my rather quirky, silly and witty side. I truly am such a friendly, sweet-natured oddball that yearns for friendships and a boyfriend but I need to be invited to join a discussion or event otherwise I feel like I am being a bother or intrusive.” ― Julie Lombard
“Most of us are out in the world all day and are drained when we get home. We need some quiet recharge time, and having someone ask us how our day was, what happened, etc. is very off-putting. Give us 15 to 30 minutes just to be quiet and recharge a bit. We’ll be happy to talk and catch up, we just need some time first.” ― Jenna Schulcz
“Please, for the love of god, don’t comment on how quiet we are. We know. Sometimes we just need quiet time. When we’re ready to talk we will, just have some patience.” ― Mia Montez Lopez
“Don’t challenge your partner’s desire to spend a few nights at home by pointing out that ‘normal people’ go out on weekends.” ― Nicholas Mercuro
“An introvert likes to think about things, so if you spring a new topic or pick a fight, don’t be surprised if you don’t get the level of participation you want from your introvert lover. Our default stance is to consider, to play things out in our heads before opening our mouths. Give us time to do that, and you’ll get the kind of conversation or debate you were looking for. We have some of our best conversations and liveliest arguments on our morning walks because my extrovert husband will lay the groundwork for the topic the afternoon before (politics, personal matters, where to go on vacation next, etc.)” ― Betsy Talbot
**Some responses have been edited/condensed for clarity.
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Beyoncé is making her voice heard when it comes to rights for the LGBTQ community.
On Wednesday, the Trump administration announced it will be rolling back protections put in place by the Obama administration that barred schools from discriminating against transgender students. The previous policy stated that schools receiving federal money must treat a student’s gender identity as his or her sex, which includes using the restroom of his or her gender identity.
Beyoncé shared a message in support of LGBTQ youth, along with a link to GLSEN’s 100 Days of Kindness challenge. GLSEN is a group that works to ensure the safety of LGBTQ students in schools.
GLSEN’s 100 Days of Kindness is an initiative to build a virtual “wall of kindness” with messages of support and reassurance for LGBTQ students.
Since the election, we’ve seen an increase in reports of harassment, bullying, and violence towards LGBTQ students in schools. Now with a new administration in office, there’s growing anxiety among LGBTQ students about what they might face.
The group is thankful for Beyoncé’s message.
“We are so thrilled that Beyoncé is standing up for transgender youth by joining GLSEN’s 100 Days of Kindness Campaign at this very difficult time,” executive director Dr. Eliza Byard said in a statement to The Huffington Post. “There is a great deal of confusion and fear out there right now, and Beyoncé has the unique power to cut through the noise to deliver a crucial message of love and support to all transgender youth. Thank you, Beyoncé. (And I cannot wait to tell my daughters about your support.)”
This is not the first time the “Lemonade” singer has stood up for this issue. Back in May, she spoke out against North Carolina’s anti-LGBT bathroom bill by stressing the need to support groups that promote equality and justice.
Other celebrities spoke out for transgender kids this week following the White House’s decision.
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MEXICO CITY, Feb 23 (Reuters) – Mexico gave a cool reception to visiting senior U.S. officials due to a controversy over deportations of illegal immigrants, with one minister playing down the chances that a planned meeting with President Enrique Pena Nieto on Thursday will go ahead.
The U.S. government is seeking to deport many illegal immigrants to Mexico if they entered the United States from there, regardless of their nationality, prompting a fiery response from Mexican officials.
Mexican Foreign Minister Luis Videgaray on Wednesday called the measures “unilateral” and “unprecedented.”
The new U.S. immigration guidelines are likely to top the agenda of meetings in Mexico City with U.S. Secretary of State Rex Tillerson and Homeland Security Secretary John Kelly.
They are the latest point of tension between the two neighbors, which have also been at odds over U.S. President Donald Trump’s vow to build a wall on the border and his attempts to browbeat Mexico into giving concessions on trade.
Mexican Economy Minister Idelfonso Guajardo said a meeting on Thursday between the U.S. dignitaries and Pena Nieto at the Los Pinos presidential residence, which the Department of Homeland Security previously announced, depended on the substance of the talks.
“The meeting at (Los) Pinos will happen, if it happens, in the context of the agreements they reach,” and if there are clear messages to be sent through the envoys, Guajardo told Foro TV.
As the U.S. officials visited Mexico’s foreign ministry, a small group of protesters shouted slogans outside, holding banners that said “The secretaries are not welcome,” and “Stop Donald Trump, Hate, Racism, Ignorance.”
Pena Nieto pulled out of a planned summit with Trump in Washington last month because of disagreement over the Republicans’ effort to build a border wall to stem illegal immigration.
‘TOUGH TRIP’
Trump himself said the U.S. officials’ visit would not be easy.
“That’s going to be a tough trip. Because we have to be treated fairly by Mexico. That’s going to be a tough trip,” Trump said at a meeting of business leaders in the White House in which he said the U.S. trade deficit with Mexico was $70 billion.
“And that doesn’t include the drugs that pour across the border like water,” he said, praising Kelly for a “military operation” to chase “really bad dudes” out of the country.
The latest public U.S. data shows a $60 billion goods trade deficit with Mexico in 2016. Some 40 percent of Mexican exports to the United States contain U.S. made parts, economists say.
Other Washington officials tried to downplay the tensions.
White House spokesman Sean Spicer told reporters on the eve of the meetings that the U.S. relationship with Mexico was “phenomenal” and Treasury Secretary Steven Mnuchin made conciliatory comments on about trade
Kelly and Tillerson dined with Videgaray and Mexico’s defense chief on Wednesday night.
Mexico relies heavily on exports to its neighbor. But stakes are also high for the United States, not least because Mexico has warned a breakdown in relations could affect extensive cooperation on the fight against narcotics and on stemming the flow of Central American migrants that reach the U.S. border.
Mexico plans to seek more information on Trump’s executive orders on Thursday and raise the issue of illegal weapons that flow south across the border, according to notes from a senior official that outlines Mexico’s planned talking points at the meeting.
As part of its response to the new deportation measures, Videgaray said Mexico’s foreign ministry would get involved in legal cases in the United States where it considered the rights of Mexicans had been violated.
The visit, which includes meetings military, finance and interior officials, will focus on border security, law enforcement and trade, according to the state department.
Slapping tariffs on U.S. goods would be a “plan B” for Mexico if renegotiations over a new mutually-beneficial trade deal fail, minister Guajardo said ahead of the talks.
He said he expected North American Free Trade Agreement negotiations with both the United States and Canada to begin this summer and conclude by the end of this year.
Treasury Secretary Mnuchin said on Thursday he did not see any changes to NAFTA in the short-term
“I think there’s a win-win result for us and Mexico on this. We’ve got to do things that are good for us and good for them,” Mnuchin said on Fox Business Network.
But hopes for a thawing in relations remain dim.
“The relationship… is at such a historic low that it would be wishful thinking to assume that new concrete agenda items to advance will come at this point,” Jason Marczak, director of the Atlantic Council’s Latin America Economic Growth Initiative said.
(Additional reporting by Gabriel Stargardter, Christine Murray, Adriana Barrera and David Alire Garcia; Editing by Frank Jack Daniel and Alistair Bell)
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