A late move by the Trump administration would stop enforcement of protections against discriminatory practices that have a “disparate impact” on protected groups.
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.
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.
A federal judge on Monday blocked the Trump administration’s rollback of an Obama-era regulation prohibiting discrimination in health care against patients who are transgender, a day before it was set to go into effect.
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.
The judge said that the rule violated federal laws that ban discrimination and patient dumping.
The Trump administration announced that it would abandon civil rights rules for organizations receiving billions in taxpayer dollars.
The use of religious freedom as a tool to enable discrimination has become a bedrock principle of the modern conservative movement—and of the Trump Administration.