As students across the country head back to school, the White House wants trans youth to know it still has their back.
On Thursday, the Biden administration released a video assuring trans and gender-diverse students that if they face discrimination at their school campus, the federal government will intervene. Three top officials within the administration acknowledged what a painful year it has been for the community following the introduction of a record number of anti-trans bills and affirmed that the denial of rights and resources on the basis of gender identity violates federal law.
“In some places, people in places of authority are putting up obstacles that would keep you from playing on the sports field, accessing the bathroom and receiving the supportive and lifesaving care you may need,” said Assistant Attorney General Kristen Clarke. “We’re here to say: That’s wrong, and it’s against the law.”
Also featured in the video are Suzanne Goldberg, acting assistant secretary for civil rights in the Department of Education (DOE), and Assistant Secretary for Health Dr. Rachel Levine. Levine, Pennsylvania’s former secretary of health, became the first out trans person seated in a cabinet-level role when she was confirmed to the Department of Health and Human Services (HHS) in March.
Levine encouraged any trans student who is experiencing harassment, violence, or other forms of bias in school to visit StopBullying.gov, a federal webpage operated by the HHS. The site provides resources for faculty who wish to prevent bullying at their campuses and for students who are directly targeted.
“Discrimination and bullying have no place in our nation’s schools,” Levine said.
Clarke, meanwhile, emphasized that should students file complaints of discrimination based on their LGBTQ+ identity, the Department of Justice (DOJ) will investigate. Investigations of anti-LGBTQ+ bias in educational settings were virtually halted by the Trump administration, but on President Joe Biden’s first day in office, he signed an executive order declaring that trans students are protected under Title IX of the Educational Amendments of 1972. That 49-year-old civil rights law forbids sex-based discrimination in schools that receive federal funding.
“Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports,” Biden wrote in the first-of-its-kind order.
The White House further clarified its interpretation of Title IX by issuing guidance in June stating that it would “will fully enforce” existing federal civil rights laws “to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from the department.” Days later, the administration sent a letter to schools informing them that discriminating against LGBTQ+ students is against the law.
Goldberg, who is a lesbian, reaffirmed that position by speaking directly to trans students.
“We know you are resilient, and we hope you will find support where and when you need it,” she said. “But we also want you to know the Department of Education and the entire federal government stand behind you. Your rights at school matter. You matter.”
LGBTQ+ advocates celebrated the statements during a time in which trans youth face near-unprecedented challenges. As GOP lawmakers seek to limit their access to gender-affirming health care and ability to play school sports, a recent survey from The Trevor Project found that 42% of LGBTQ+ youth contemplated ending their own lives in the past year. A separate research brief from the national suicide prevention group found that 37% of LGBTQ+ youth feel unsafe in school because of their gender and 42% because of their gender expression.
Melanie Willingham-Jaggers, interim executive director for the LGBTQ+ youth nonprofit GLSEN, called the video a “bold, affirming message.”
“The administration must set a clear precedent,” Willingham-Jaggers said in a statement to NBC News, “not only for federal agencies, but for state and local leaders, and ensure that transgender youth are safe, supported and empowered in our school communities. Individual educators and school leaders can step up in the meantime and make thoughtful connections with the transgender students in their schools to show them that they are valued and that they belong.”
In addition to expressing support for trans youth, the Biden administration has also taken steps to join the fight against anti-trans legislation, the White House has joined lawsuits against a pair of laws in West Virginia prohibiting transgender student athletes from competing in accordance with their gender identity and in Arkansas preventing trans youth from receiving life-saving transition care. Both laws have subsequently been blocked through temporary court injunctions as challenges to them proceed through the legal system.
Echoing the president’s historic shoutout to trans youth during his Joint Address to Congress on April 28, Levine told transgender students across the country that the White House would continue fighting for them, whether it’s in the courts or in the classroom.
“I want all of you to know that I have your back, too,” she said, “and I will do everything that I can to support and advocate for our community.”
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