As Daily Kos continues to cover, Republicans are wasting no time in trying to distract from failures related to the novel coronavirus pandemic (or in general). Among other attempts to cause hysteria, Republican state lawmakers across the country are pushing anti-trans bills that hit a number of areas, including health care, athletics, and forms of identification, like birth certificates. While some bills have fizzled in early stages, others have actually been signed into law, thanks to Republican governors.

When it comes to school athletics—and specifically the Republican effort to ban trans girls from competing on girls’ sports teams—many have wondered if the federal government will step up in a more specific way. President Joe Biden has, for example, expressed support for trans Americans both in general and in terms of athletics, as you might remember from his address to Congress back in April. But advocates have pushed for more explicit protections for trans students, and on Wednesday, the U.S. Education Department (DOE) got one step closer to delivering on that promise, per a Notice of Interpretation, as reported by The New York Times. Let’s look at the context, what this change has to do with Donald Trump, and how it would impact trans students in general.

As some background, you might remember 2020’s landmark Supreme Court ruling in Bostock v. Clayton County, in which LGBTQ people gained federal protections against employment discrimination. This new policy applies the same rationale to education, arguing that any discrimination based on a student’s gender identity or sexual orientation will be recognized as a violation of Title IX. How will this work, in theory?

As of now, students who are dealt sex-based discrimination may go through the federal court system or the DOE to argue their case. If the federally funded school in question is determined to be in violation of Title IX, the school can face a number of penalties, including, at the most severe level, a cut in federal education funds. Why is this such a pressing issue for LGBTQ students today? The answer to this question goes back to the aforementioned bills that are aiming to keep trans girls out of girls’ sports.

Presumably, if a trans athlete is denied the opportunity to participate on a sports team on the basis of their sex, this interpretation will protect them and give them the power to go forward with the DOE or federal court system. The guidance specifies it will act if students do not receive equal access in terms of academics or “extracurricular opportunities” on the basis of sex. In this case, “extracurricular” would assumably include athletics. 

“Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination,” Education Secretary Miguel Cardona said in a statement, stressing that LGBTQ students should have the same rights and protections as workers. 

Cardona also recently tweeted this video clip of an interview he did for ESPN about trans athletes.

“Every young person deserves an equal opportunity to learn and participate in school,” Asaf Orr, the National Center for Lesbian Rights Transgender Youth Project director, said in a press release about the Education Department’s commitment to LGBTQ students. “LGBTQ+ students experience much higher levels of discrimination and harassment, and that is particularly true for LGBTQ+ children of color and LGBTQ children with disabilities. The Department of Education’s commitment to those students means that they are much more likely to experience welcoming educational environments where they can learn and thrive.”

And while the last name many of us want in our heads is Trump’s, it’s important to provide even more background and go back to 2017. The Trump administration actually withdrew Obama-era guidance for trans students that allowed trans youth to use the restrooms and facilities that corresponded with their gender identity, rather than the sex assigned at birth. Under Trump, the DOE declared it would not investigate civil rights complaints related to trans students being banned from using school restrooms and related facilities, like locker rooms, that matched their gender identity. 

Following that previously mentioned 2020 Supreme Court ruling, the Department of Education (still under Trump) issued guidance declaring that protections did not extend to trans students. So, the Biden administration is taking a step forward and explicitly reversing anti-trans guidance put forth via the Trump administration. Now we just need to know DOE will actually bring litigation to protect trans students should Republicans keep pushing—and passing—these hateful, exclusionary bills. 

Sign the petition: Demand the Senate pass the Equality Act and protect the LGBTQ community from discrimination.