White House Press Secretary Jen Psaki, reiterating “trans rights are human rights,” warned state legislatures today that passing bills targeting transgender youth is against the law.
Psaki said “The president believes that trans rights are human rights, and that no one should be discriminated on the basis of sex, not only is this the law of the land, it’s his own deeply held view.” Psaki addressed the issue as many state legislatures are advancing bills that would restrict transgender youth’s access to sports and transition-related care. The U.S. Supreme Court’s decision last year in Bostock v. Clayton County determined anti-transgender discrimination is a form of sex discrimination, thus illegal in the workforce under Title VII of the Civil Rights Act. Although the ruling didn’t purport to address sports, the logic behind the decision has broad applications to all laws against sex discrimination, including Title IX of the Education Amendments of 1972. Laws seeking to target transgender youth would seem to flout the Bostock decision as well as the Fourteenth Amendment to the U.S. Constitution. Psaki also invoked the executive order Biden signed on his first day in office seeking to implement the Bostock decision, making it clear it applies to students in the context of bathrooms, locker rooms, and sports. Also during the briefing, Psaki addressed the Equality Act, legislation to expand the ban on discrimination against LGBTQ people under federal law.
White House warns state legislatures that passing anti-trans bills is illegal
- March 9, 2021
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