The Department of Justice, with its newly appointed Attorney General, Jeff Sessions, wasted no time in rolling back some of the progress made under the Obama administration. On Wednesday, February 22nd, the Trump administration ended federal protections for transgender students, which stated that in public school they could use the bathroom of the gender they identified as, explaining that this was clearly a “state’s right’s issue,” not something that needed to be protected at the federal level. They also criticized the Obama administration for confusing and “vague” language, also saying there was no legal basis for the protections they offered these students. Civil rights’ issues really should always be decided at the federal level, since experience has demonstrated that this is the only way to permanently resolve the issue. For example, certain states gave women the right to vote before the 19th amendment, and in the days of Jim Crow the north was significantly less hostile than the south, but until the federal government stepped in after the Brown v. Board of Education decision many states in the south refused to desegregate, just like many states had previously refused women the right to vote. If civil rights laws are left in the hands of the states, there is the potential for some states to use their biases to prevent all their citizens from having free and equal rights. Being able to use the bathroom is a basic human privilege, going all the way back to the segregated bathrooms of the Jim Crow days. As said by Laverne Cox, the bathroom controversy isn’t necessarily about bathrooms, but whether or not trans people have the right to exist in public space. After all, without being able to use the bathrooms, they cannot really go anywhere. The anti-gay cabinet and vice president had many worried about the future of the LGBTQIA+ community under the new administration, and it looks like some of those fears are coming to fruition.
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