During his campaign, President Trump vowed 'to protect our LGBTQ citizens.' But just a few weeks after his inauguration, his administration rescinded guidance aimed at protecting transgender students. More reversals quickly followed.
Behind all of these reversals is thethat being gay or transgender is a category of identity that is different from"biological sex," and therefore not protected under current law — a complete about-face from the position taken by the Obama administration.
"We've tried very hard to reassure people that those protections still exist and we'll keep fighting for you," she says. As an attorney working on these issues, she says it's"hard not to carry the weight."To better understand the history of sex discrimination and U.S. law, a good place to start is a major piece of legislation that established broad protections for many vulnerable groups: the Civil Rights Act of 1964.
"Obviously, the people who calculated that adding 'sex' would sink the bill were wrong," Bagenstos notes." 'Sex' got added, and the bill got passed anyway." "There isn't a state-wide anti-discrimination law that protected LGBTQ people [at that time]," Kreis says."There's no relationship recognition for same sex couples. And trans people are targeted — because many municipalities had anti cross-dressing laws."
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