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Obama Administration Once Again Steps Up for Transgender Rights

Jessica Mason Pieklo

A regulation to be published this week mandates all employees and visitors at federally operated facilities have access to restrooms that align with their gender identity.

The Obama administration this week made another push for advancing transgender rights, announcing a new regulation that requires all people at federally operated facilities, whether an employee or visitor, have access to restrooms consistent with their gender identity.

As reported by Buzzfeed, the regulation, which will be posted this week in the Federal Register, will affect thousands of people and about 9,200 properties operated by the federal government. Those facilities employ roughly 1 million federal civilian workers.

The regulation makes clear that transgender people do not need to complete any medical procedure to qualify to use the restroom that aligns with their gender, nor can transgender people be restricted to single-occupancy restrooms.

This is the latest move by the Obama administration to advance transgender rights in both the workplace and schools. Federal agencies such as the Equal Employment Opportunity Commission and the U.S. Department of Education have issued guidances that state discriminating against transgender people by mandating they use restrooms and facilities that align with their biological sex rather than their gender identity violates federal civil rights laws.

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More than 20 states run by Republican lawmakers have pushed back against the administration’s efforts to protect transgender people from discrimination at work and at school, filing a federal lawsuit arguing the Obama administration has overstepped its authority in issuing the guidance. Those lawsuits argue that legal bans on sex discrimination do not cover transgender rights.

That question—whether existing civil rights laws and their prohibitions on sex discrimination prohibit discrimination against transgender people—could be the next big civil rights case to land before the Supreme Court.

A Virginia county school board adopted a policy that mandates students in their schools use restrooms that align with their biological sex rather than gender identity. Gavin Grimm, a Virginia student, challenged the policy, arguing it violated his civil rights.

Both a federal court and the Fourth Circuit Court of Appeals agreed with Grimm and blocked the school from enforcing the policy. The Roberts Court this month stepped in and ruled the policy should take effect while the Court considers the school board’s request to take Grimm’s case next term. In the meantime, Grimm will start the school year with his school’s policy in place.

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