A federal judge has blocked the implementation of national guidelines that say transgender studentf should be able to use the bathroom matching their gender identity.
But transgender students in Delaware aren’t expected to be affected.
States that receive federal Title IX funding for education programs aren’t allowed to discriminate on the basis of sex. According to the executive director of Delaware’s American Civil Liberties Union, Kathleen MacRae, that applies to gender identity as well.
“This ruling did nothing to change our existing law that protects our rights of transgender students,” she said.
MacRae said federal circuit courts have already ruled that transgender people are protected by sex discrimination laws.
But Texas and the 12 other states that brought this case to federal court say gender identity and sex aren’t the same thing and therefore not entitled to the same protection.
It’s now up to the US Supreme Court to decide this argument or let the lower ruling stand. In the meantime, Obama’s guidelines won’t take effect.
Transgender students in the First State won’t be affected because Delaware passed a law in 2013 that adds gender identity to the classes protected from discrimination and hate crimes, according to MacRae and other sources.
She said Delaware's law adds an extra layer of legal protection to transgender students in the First State.
