HARTFORD--A new federal mandate is bringing relief to the LGBT community, particularly transgender youth.
“Our nation it is one grounded in roots of equality and justice for all, and this is just an extension of that,” said Rafi Bildner, a Yale University senior.
The directive from the Obama administration, which requires all public schools to permit transgender students to use bathrooms and locker rooms consistent with their gender identity, even if their education records or identity documents indicate a different sex, has been issued by the departments of Education and Justice.
The guidance does not impose any new legal requirements. But officials say it's meant to clarify expectations of school districts that receive funding from the federal government. Educators have been seeking guidance on how to comply with Title IX, which prohibits sex discrimination in educational programs and activities that receive federal funding, Education Secretary John B. King said in a statement.
"We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence," King said.
The thought of having their children in a locker room with someone that is biologically of the opposite sex is unsettling for some, especially when it comes to changing clothes. But that fear is unfounded, according to a former teacher and administrator in New Haven Public Schools.
“People don't go into the bathroom already undressed,” said Judith Falaro, of the Quinnipiac University School of Education. “You know, you go to the bathroom, you go into a stall with the door. So, whoever you are, you are.”
Falaro suggests those in opposition are imposing scare tactics.
"That kind of reminds me of years ago when people were afraid to let people who identify as gay or lesbian be teachers because they said 'oh they're going to recruit.'"
For most, knowing which restroom to use is a simple decision. But, for transgender individuals, it can certainly be more complicated.
"So, to have restrooms that are inclusive of gender identity, regardless of the assigned sex, offers students a safe space,” said Rachel Torello, a Hamden psychologist.
Recently, North Carolina created a new state law that requires all transgender individuals to use locker rooms and restrooms that correspond to the sex on their birth certificates.
“So now what?” queried Falaro. “Are we going to have to carry birth certificates everywhere we go?"
The directive says there is no obligation for a student to present a specific medical diagnosis or identification documents that reflect his or her gender identity, and equal access must be given to transgender students even in instances when it makes others uncomfortable, according to the directive.
Gov. Dan Malloy has banned state-funded travel to North Carolina and Mississippi--which has issued other laws that don't protect sexual identity--and has even invited North Carolina businesses to move to Connecticut in the wake of "discriminatory, anti-LGBT measures."
In the past week, the Justice Department sued North Carolina over a bathroom access law that it said violates the rights of transgender people, and North Carolina sued the government back.
North Carolina Gov. Pat McCrory has argued that the state law is a "commonsense privacy policy" and that the Justice Department's position is "baseless and blatant overreach." His administration sued the federal government hours before the state itself was sued.
In response, Mark E. Ojakian, president of the Connecticut State Colleges and Universities, made the following statement:
"We are fortunate to live in Connecticut - a state that has led the fight against all forms of discrimination and implements inclusive policies that welcome all members of society. Part of the unique value at CSCU is the diversity of our student population. I want to send a clear message to existing and future students that we do not tolerate discrimination at any level. I have been consistently vocal about our commitment to provide a safe learning environment that encourages and celebrates diversity and fosters a culture of inclusion. We are grateful for the U.S. Department of Education and Justice’s guidance as it falls in line with our policies, our history and our philosophy."
Gov. Dan Malloy released the following statement:
“Discrimination, harassment, and bullying have no place in our classrooms and at our schools. Every child, no matter their gender identity, should be treated equally and fairly in a safe, supportive environment. I want to applaud the Obama administration – this guidance will help give educators the tools they need when setting a school policy that provides a safe learning environment for all. While some espouse and support division, we believe in inclusiveness, and we believe that diversity makes us stronger.”
With additional reporting by the Associated Press.