EXPLAINER: House Freedom Caucus’ to-do list includes undoing some trans protections

posted in: Equality Blog | 0


Yesterday, the House Freedom Caucus released a list of actions of the Obama administration that they want to undo. (Yes, for some bizarre reason they chose a depression-era photo of a soup line for the cover.)

#27 on the list is to revoke the guidance offered by the Department of Education and the Department of Justice on how schools should accommodate transgender students.

This impacts transgender children. That cannot be lost in all this: we are talking about kids just trying to get an education and be treated like everybody else.

The guidance would be relatively easy to revoke, since it is not an official rule. However, much case law has demonstrated that transgender students should be accommodated under Title IX.

In addition, the question of whether schools must accommodate transgender students is before the Supreme Court right now in G.G. v. Gloucester.

#96 on the list is to undo a rule change that Health & Human Services implemented that denies discrimination in access to healthcare based on gender identity.

This rule means that transgender people should have access medically-necessary healthcare without hassle.

This rule will be hard to undo because rule change processes are lengthy and rules themselves have the force of law.

Equality Ohio was engaged in this rule-making process, and we will continue to monitor and inform you when it is time to act to defend transgender rights.