State, school leaders respond to transgender rights rollback

After President Donald Trump rolled back Obama-era protections for transgender students that allowed them to use restrooms that fit their gender identity in favor of making the issue one of “state’s rights,” a number of Rhode Island’s leaders spoke out against the move and vowed to continue protecting transgender students.

Johnston Superintendent Bernard DiLullo said the town’s schools have had a policy in place for years that was discussed with an attorney, which they will continue to uphold. He noted that the district has transgender students “at all levels.”

“We adhere to the policy that our students can use the bathroom of the gender they identify with as opposed to the gender that they’re born with,” he said. “We are going to honor that policy at this time.”

Senator Jack Reed released a statement calling Trump’s action “short sighted” and said students across the country have a right to a discrimination-free public education.

“Rhode Island’s law and policies protect LGBT individuals from discrimination.  But a child’s right to grow up free from harassment and unequal treatment shouldn’t depend on the state that child is from,” he said. “The Trump Administration’s rescission of these protections is short-sighted and at odds with our shared values.”  

The National Education Association of Rhode Island, which is based in Cranston, also condemned Trump’s actions in a statement last week.

“We’ve been told since the election that the LGBTQ community had nothing to worry about with a President Trump. Yet at his first opportunity he chooses to attack LGBTQ youth. It’s offensive and disgraceful,” said NEARI President Larry Purtill in a statement. “We will do everything possible to protect, welcome and embrace our transgender students. Every, and I mean every, student deserves that, and I will be asking RIDE to take this opportunity to recommit to the existing state law and guidance already in place.”

Purtill added, “Rescinding federal guidance does not undo legal protections for transgender students. Transgender students are protected by the Constitution and Title IX’s prohibition on discrimination on the basis of sex. This includes when using restrooms and other school facilities.”

The education community shared similar sentiments. Commissioner of Elementary and Secondary Education Ken Wagner ensured the affected students’ safety and protection as well.

“The rescinding of this federal guidance does not change our policy. There is no room for discrimination in our schools, and we will continue to protect all students, including transgender and gender nonconforming students, from any type of bias,” Wagner said in a statement. “Rhode Island has a strong history of encouraging safe and supportive learning environments, and we intend to continue that practice. It is imperative that all education professionals continue to be strong role models and advocates for the safety and well-being of the children entrusted to their care.”

RIDE also stated it would continue to expect schools to “foster an education environment that is safe and free from discrimination for all students, regardless of sex, sexual orientation, gender identity or gender expression; comply with all federal and state laws concerning bullying, harassment and discrimination; reduce the stigmatization of and improve the educational integration of transgender and nonconforming students, maintaining the privacy of all students, and fostering cultural competence and professional development for school staff”; and “support healthy communication between educators and parent(s)/guardian(s) to further the successful educational development and well-being of every student.” It then referred to its 11-page “Guidance for Rhode Island Schools on Transgender and Gender Nonconforming Students” that was issued last year.

Governor Gina Raimondo seconded RIDE’s sentiments in a statement of her own.

“I commend the Rhode Island Department of Education for its steadfast commitment to ensuring the rights and safety of all students, including transgender and gender non-conforming students,” she said. “There’s a place in Rhode Island for everyone, and that means there is a place in our schools for everyone.”

Steven Brown of the Rhode Island ACLU also weighed in.

“We find the rescinding of the guidance very troubling for a lot of reasons. It’s an assault on some of the most vulnerable children in our state and in the country. The positive thing is that rescinding the guidance will have a minimal effect on the continued protection of student’s rights,” he said. “The Constitution, federal law still exists to provide protections. It’s the symbolic nature of what the president has done that’s troubling to me.”

Brown noted that the ACLU finds allowing students to use bathrooms that fit their gender identity to be an obligation under the law. “The law still requires it, and the state department of education as well put out a very detailed guidance for students that comes to the same conclusion,” he said.

Brown also said a number of organizations plan to send letters to every school district encouraging them to continue following standards that existed, RIDE’s guidance, and what the ACLU believes federal law requires.

The Rhode Island State Council of Churches agreed transgender students are among the most vulnerable. They denounced Trump’s move, urged him and his administration to change the policy, and encouraged Rhode Island schools to adhere to RIDE policy regarding transgender and non-conforming students.

“As people of faith we believe all persons are created in God’s image and are worthy of dignity and respect.  Federal policy and legislation should set the highest standard of human worth and value and demand that nothing less will be accepted,” the council said in a release. “History teaches us that in the absence of federal policy and legislation that states vary in their efficacy in providing equal rights to all.  By the very nature of this approach there will be inequality among the states.”