Title IX and Transgender Students

I've been invited this weekend to a symposium sponsored by the University of Wisconsin Law School's Journal of Law, Gender and Society, on the subject of Transcending Gender Lines: Title IX and Transgender Rights. I thought I'd take a break from my recent series on filing employment discrimination complaints to talk about Title IX and transgender students.

There are a lot of other fabulous people coming, and the full line up is here.

My paper is entitled "Protecting Transgender Students: Application of Title IX to Gender Identity or Expression and the Constitutional Right to Gender Autonomy." The bottom line of this paper? If you're filing a case to protect transgender students' rights to proper forms of address, dress codes, facilities usage and protection from invasive questioning, then you can't count on Title IX alone. You should also file a claim under the U.S. Constitution for the right to gender autonomy.

You may remember me banging on about the "right to gender autonomy," in a post right here on The Bilerico Project, some years ago when I was writing a law review article on it. That article eventually was published in the Touro Journal of Race, Gender and Ethnicity. Anyway, after the jump is my brief take on the application of this constitutional right to Title IX and transgender students. There are a few typos -- it's just a conference draft -- but look for a much expanded and polished version this coming Fall in the Wisconsin Journal of Law, Gender and Society.

Reposted from Bilerico.com. Click here to read more...

Update on Transgender Employment Issues

So many interesting things have happened in the last month on transgender employment issues, I'm going to make a list. The most important news is about the signing of legislation in Iowa, Vermont, Colorado and Oregon. But not all is rosy...

- The Governor of Iowa signed the bill including gender identity into the state's antidiscrimination law, as did the Governor of Vermont, the Governor of Colorado, and the Governor of Oregon.

The Governor of Ohio by executive order restored a ban on discrimination against state employees based on gender identity and sexual orientation, which had been removed by his predecessor in 1999 However, the Governor also noted his opinion that any Ohio legislation purporting to outlaw discrimination based on sexual orientation or gender identity would be rendered unconstitutional by the state's constitutional ban on same-sex marriage It is difficult to understand the connection, and I note that federal court opinions already cover all transgender employees in Ohio.

A transgender employee won a lawsuit against an insurer, Highmark Blue Shield, that refused to cover the costs of her sex reassignment surgery This comes on the heels of reports that more employers are covering the costs of such surgery

However, not all is rosy for transgender employment rights:

The Connecticut legislature failed to pass legislation adding gender identity to the state's non-discrimination law (I note that all transgender employees in Connecticut are covered by a state administrative ruling.)

The transgender experience in the job market: The American Lawyer publishes a letter, by one of the few transgender lawyers in a large law firm, discussing its article on strides made by gay lawyers in overcoming employment discrimination in large law firms, and noting that transgender lawyers have not been included in the largesse

ENDA: An editorial published in the Washington Blade, an important gay newspaper, suggests that the inclusion of transgender people in anti-discrimination legislation threatens gay people

Identification records: At a "Town Meeting" held on the newly released regulations under the Real ID Act, two witnesses testify about the negative effects on the transgender community, with one noting that "you don't know what it's like to get carted off the security line by a couple of burly cops" (comments at 41:00 and 1:15)

ENDA: The Concerned Women of America suggest that the federal legislation to ban employment discrimination based on gender identity and sexual orientation, the Employment Non-Discrimination Act, would be an unconstitutional infringement of employers under the First Amendment rights to freedom of speech and freedom of religion

Corporate Diversity: Micron Corp., after a shareholder resolution requiring protection of employees based on gender identity and sexual orientation, adds sexual orientation but refuses to add gender identity

And here are some other notable transgender tidbits:

The National Center for Transgender Equality and the Human Rights Campaign release a groundbreaking guide for transgender people about coming out as transgender

Identification records: Transgender passengers are having more and more passport problems because of federal rules written by people who don't understand transgender identities

A transgender police officer on the Kansas City police force came out, and things are going well for her so far

The San Francisco police commission elected a transgender woman as its president

Schools K-12: A Texas transgender high school student, suspended from school for dress code violations, is reinstated after intervention by a pro bono lawyer

Transgender experience in the job market: The Transgender Economic Empowerment Initiative, aimed at reducing chronic unemployment and underemployment in the transgender community, established in San Francisco, and a similar program in Los Angeles, the Transgender Job Placement Program

Trans culture: Executives at Frameline, San Francisco's LGBT film festival, made the unprecedented decision to yank a film, The Gendercator, from this year's schedule due to community outrage over its satirical portrayals of transsexuals in a mythical future

A transgender woman, Jenny Bailey, has been chosen mayor of Cambridge, England, as it celebrates its 800th anniversary

School District: A+ for Diversity

Here is a lesson in creating a successful transition in a customer-facing organization. Time will tell how this approach will fare, but I think it is well-calculated to reduce the anxieties associated with diversity.

A transgender high school teacher is transitioning in New York State. This is an issue that has arisen before with some regularity since the 1970s, though the Rochester Democrat and Chronicle, in reporting on the situation, says that it appears "unique not just for this area but for the entire country." I've discussed the Paula Grossman court case from the early 1970s, and in the news there have been, to name a few, Dana Rivers and Jennifer Wilhelmi in California, Lily McBeth in New Jersey, Randey Michelle Gordon in New York, Debra Davis and Alyssa Williams in Minnesota, and Michelle Hendricks in Connecticut.

The situation may not be unique, but the aplomb with which the school district is handling it is.

Batavia, New York is a small suburb of Buffalo, and a two-hour car ride from the red state of Ohio. Rather than dismissal, reassignment or secrecy, however, the usual ways of handling this issue, the Batavia City School District held a community discussion on the issue for parents, and will discuss the issue with students on the first day of classes. There will also be a further meeting for the entire community a week after school begins to watch a video presentation about transgendered people. The district held a meeting for parents last night featuring the school district's attorney and a gender identity expert, who discussed the legal protections and medical issues surrounding those who wish to live their lives as transgendered people. The district is holding the community meetings with the teacher's permission. However, the district's attorney said the district would not reveal the teacher's identity.

Here's more news coverage: An interesting audio clip: WBEN 930 : Meeting In Batavia Tonight On Transgender Teacher A negative story from NBC News, which quotes only fearful parents: http://www.wstm.com/Global/story.asp?S=5337818&nav=2aKD This story's more balanced, and has an interesting picture: http://www.13wham.com/news/local/story.aspx?content_id=37B1967F-6A22-4437-9B1B-80DED332EC5F