Whiplash: The Rapidly Changing Landscape of Trans Student Rights in Schools

Session 1: Federal Law and History

Even before the Obama administration made waves in 2016 by interpreting Title IX to include protections for transgender students, the legal landscape regarding gender non-conforming students’ rights has been rapidly shifting from year to year, and from state to state depending on which federal circuit you’re in. With the Equality Act promising to shake things up further, this presentation will explore the federal legal landscape of transgender students rights as it has changed over time and where it may be going in the future. Looking at over thirty years of case law at the United States Supreme Court and the federal circuit courts, we’ll understand why and how students have been left in the lurch, and how school administrators have struggled in the absence of a clear, uniform legal standard. We’ll also discuss the importance and impact of intersectionality in the federal case law.
Time: 1 Hour
Originally presented at the 2021 Philadelphia Transgender Wellness Conference as a CLE.
Powerpoint slides available here.

Session 2: School Sports

For many young students, participating in school sports is a fun, character-building, and even essential part of their young lives. Unfortunately, transgender students who want to play on the team aligned with their gender identity face intense scrutiny and overwhelming challenges their cis peers do not. Recent state efforts by legislators wanting to “save girls sports” has made things worse with a wave of anti-trans bills across the country. In this presentation we’ll look at the anti-trans school sports legislation introduced in 2021, the common themes of the bills that were proposed, and then dive into the language enacted into law. From birth certificates to genital checks, we’ll look at the dead, the bad, and the downright ugly legislation that will face challenges in the courts and from the Biden administration.
Time: 1 Hour
Originally presented at the 2021 Philadelphia Transgender Wellness Conference as a CLE.
Powerpoint slides available here.