How the Trump administration is getting around Bostock to allow anti-trans discrimination

Faced with having to enforce the law to prohibit anti-transgender discrimination in the aftermath of the U.S. Supreme Court’s landmark decision for LGBTQ rights this summer, the Trump administration has sought to minimize the breadth of the ruling in ways that could still lead to transgender people being denied access to public spaces and activities.

Although the Supreme Court decision in Bostock v. Clayton County, which found anti-transgender discrimination is a form of sex discrimination, thus illegal in the workplace under Title VII of the Civil Rights Act of 1964, would in theory apply to all statutes and laws against sex discrimination — the Trump administration is promulgating rules allowing anti-transgender discrimination to persist with respect to sex-segregated facilities, such as homeless shelters and school sports.

It boils down to this legal theory: Denying transgender people access consistently to sex-segregated spaces with their gender identity is not tantamount to discrimination, so long as they’re so afforded entry according to their gender assigned at birth. Forcing transgender people into these spaces inconsistent with their gender identity, however, would be something few would be willing to accept, and may make them more vulnerable to harassment and violence.

Department of Education sends mixed messages to schools on LGBT issues – Outsports

Department of Education sends mixed messages to schools on LGBT issues – Outsports:

The Trump Administration is sending a mixed message to America’s schools as to how it views the rights of LGBTQ students and student athletes, following this summer’s landmark ruling by the U.S. Supreme Court regarding sexual orientation and gender identity.

Trump administration moves to allow doctors to refuse trans patients as COVID rages

The new rule would roll back Obama era protections that ban discrimination against transgender people at the worst time possible.

As the U.S. passes 50,000 deaths from the COVID-19 pandemic, the Trump administration quietly moved forward with a rule that would make it easier for doctors to refuse to treat transgender patients.