1. I’ve been tweeting about this horrific proposal, but I want to make sure people know not to panic. If you are feeling terrified and anxious here is some context.
nyti.ms/2R9W1jB?smid=n…
nyti.ms/2R9W1jB?smid=n…
2. As I understand it, this is a proposal for how agencies will interpret the scope of protections from sex discrimination in Title VII, IX and other civil rights statutes. They can’t make a new law. They can just interpret existing law.
3. But the courts are the ones who get to decide what these statutes mean. The overwhelming majority of courts have rejected this in interpretation and these agencies can’t change that.
4. When the issue ultimately gets to the Supreme Court we think the argument will be rejected once again. But even if the Supreme Court upholds the bad interpretation it will just pave the way for the Equality Act to pass like the Lillg Ledbetter Act did.
5. My understanding is that it does NOT purport to affect trans people’s rights and legal recognition under state law and other federal statutes and policies. It is just a proposal for interpreting civil rights statutes regarding sex discrimination.
6. And regardless of what civil rights statutes say, trans people also have rights under the constitution.
7. So this is bad. I don’t want to sugarcoat it. But it is bad the way that all of the administration’s actions have been bad since they revoked the guidance to derail Gavin Grimm’s case at Supreme Court.
8. We have the legal tools to fight this, and we know lives are depending on it. But I don’t want our alarm at this proposal to itself be a danger to people’s health and well-being.
