Transgender advocates call for state guidelines after Trump removes federal protections
- New Jersey’s Department of Education indicated on Wednesday that it has no plans to consider statewide guidelines for transgender students.
- The Record found that about 50 high school districts had adopted such policies by last fall but, without state guidance, they differed in significant ways.
With the Trump administration rolling back federal protections for transgender students, some advocates in New Jersey are calling on state education officials to follow the lead of other states and establish rules that would offer similar protections.
Others said the state’s law against discrimination already provided adequate protections – and noted that many school districts have adopted policies allowing transgender students to use bathrooms based on their gender identity. But in the absence of state guidelines, the rules differ from one district to another, and some schools do not have a written policy.
The Trump administration on Wednesday ended Obama-era federal protection for transgender students that required schools to allow them to use bathrooms and locker rooms matching their gender identities or potentially lose federal funding. Although the guidance did not have the force of law, it was seen by advocates as a way to prevent discrimination and bullying of transgender students.
Instead, the Trump administration said it is now up to states and school districts to interpret federal anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identity and not just their biological sex.
New Jersey has not issued specific guidance to schools about how they should accommodate transgender students.
The executive director of Garden State Equality, Christian Fuscarino, told members in an email on Wednesday that state education officials “refused to act” after his group met with them last year and asked for the creation of statewide guidelines. He said in a telephone interview that such guidance from the state was “more important than ever” in light of the anticipated move by the Trump administration.
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New Jersey’s Department of Education indicated on Wednesday that it has no plans to consider statewide guidelines, saying in a statement that school districts should “address the issue of gender identity through policy and that conversations need to happen on the local level so districts can craft their policies with community input.”
Governor Christie’s office referred questions about the issue to the Education Department and did not respond when asked for a statement from the governor. In December 2015, while Christie was running to be the Republican presidential candidate, he told an audience in New Hampshire that the transgender issue was not a problem in New Jersey.
At the time, dozens of school districts across New Jersey already adopted policies allowing transgender students to use bathrooms and other accommodations based on their gender identity. The Record found that about 50 high school districts had adopted such policies by last fall, but without state guidance, they differed in significant ways. Garden State Equality said New York and Connecticut are among states that have established guidelines for schools.
The New Jersey State Interscholastic Athletic Association, which oversees high school sports, said it is moving forward with a review of its policies after saying last year that it was considering making it easier for transgender athletes to play on teams based on their gender identity. The association currently asks for legal documents and doctors’ notes, requirements that were barred under the Obama guidelines. If the issue is left up to states to decide, “we’d continue on the track we’re on,” said Mike Herbert, an attorney for the association.
On Wednesday, two Democratic candidates for governor said they would defend the rights of New Jersey residents based on their gender identity. Lt. Gov. Kim Guadagno, a Republican running for governor, did not respond to a request for comment.
“President Trump is making discrimination the law of the land and it’s going to leave law-abiding New Jerseyans less safe,” said Democratic candidate Philip D. Murphy. “Every New Jerseyan must have equal access to public facilities. Fortunately, New Jersey law already protects residents against discrimination based on gender identity. I will ensure that this law is enforced and that New Jerseyans are protected from President Trump’s misguided attempt to allow discrimination back into our public facilities.”
Assemblyman John S. Wisniewski, D-Sayreville, said he would support statewide regulations for schools to follow, which he said might be based on Obama’s federal guidelines or on those employed by other states. “We have to enact protections that are uniform,” he said. “It doesn’t seem to be something Chris Christie is interested in doing.”
Robyn Gigl, an attorney and advocate for transgender people, said that the state’s law against discrimination already provides protections for transgender students – adding that problems that have arisen in New Jersey’s schools generally have been “resolved in favor of the transgender student.” But, she added, it would be "wonderful" to have statewide guidelines for schools.
This article contains material from The Associated Press.