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First Amendment of the United States Constitution
1791: First Amendment to the United States Constitution. Passed to protect citizens' five basic freedoms: speech, press, religion, assembly, and petition. The first amendment protects all Americans' rights to freedom of speech, which includes expression. As you will see in future timeline entries, transgendered students have used the First Amendment as a basis to protect their rights in public schools. (U.S. Const. amend. I). Source of Law: Constitutional Law. -
Fourteenth Amendment to the United States Constitution
1878: The Fourteenth Amendment contains a clause that provides equal protection of laws to all citizens of the United States. This constitutional law serves as a foundation for transgender students being protected just like their straight counterparts within the public school setting. (U.S. Const. amend. XIV). Source of Law: Constitutional Law -
Title IX of the Education Amendments of 1972
1972: United States Education Amendments (referred to as Title IX). Often referred to as Title IX, this law prohibits a school from discriminating against students on the basis of their sex. This law applies to all schools that receive funding from the federal government. As you will see in future years, this law has been changed by various administrations within the executive branch. (20 U.S.C. § 1681). Source of Law: Statutory Law. -
The Family Educational Rights and Privacy Act of 1974
1974: Family Educational Rights and Privacy Act (also known as the Buckley Amendment) Under FERPA, transgender student records and privacy must be protected by public schools. Also, parents can amend student records to change gender status and legal name. (Seals & Gonzales, 2019) (20 USC § 1232g) . Source of Law: Statutory Law -
Equal Access Act of 1984
1984: Equal Access Act. Signed by President Ronald Reagan, this law cites the First Amendment as a basis to allow students to create clubs (including transgendered clubs) with equal access to facilities and time. (20 USC § 4071). Source of Law: Statutory Law -
Mcmillen v. Itawamba County School District
A transgender student was told by her school that she was not allowed to enter prom in a tuxedo with her girlfriend. She was also told that she would be removed from prom if she attempted to slow dance with another girl. The student sued using the First Amendment as the foundation for her case. She won and the district made policy changes for transgender students. (McMillen v. Itawamba County Sch. Dist., 702 F. Supp. 2d 699 (N.D. Miss. 2010) Source of Law: Judicial Law -
Comparable Facilities Regulation Passed
2010: The Department of Education published regulations that include providing comparable locker room, shower, and restroom facilities based on sex. The regulation does not define sex as male or female, nor does it exclude transgender identities. As a result, lawsuits regarding transgender facility usage will begin to challenge this regulation. (34 C.F.R. § 106.33) Source of Law: Administrative Law -
G.G. v. Gloucester County School Board
2015: G.G. v. Gloucester County School Board almost became the first landmark US Supreme Court Case that dealt with transgender rights of bathroom use. A student sued a school board for requiring him to use a separate bathroom because he was transgender. The Fourth Circuit Court ruled in favor of the student, citing the Title IX law that prevents discrimination based on sexual orientation. G.G. v. Gloucester County School Board, 822 F.3d 709 (2015). Source of Law: Judicial Law -
President Obama's Administration Issues Dear Colleague Letter on Transgender Students
2016: President Obama's Justice and Education Department issued a joint letter that stated a student's sex can be defined by the gender they identify with. The letter gives best practices for school districts across the country when dealing with transgender rights. Also, the letter reiterates that failure to comply with Title IX directives could result in a loss of federal funding for the school district. (Dear Colleague Letter, 2016). Source of Law: Administrative Law -
President Trump's Administration Withdraws Federal Protection for Transgender Students
2017: President Trump's Departments of Justice and Education released a joint letter that withdraws protection of transgender students facilities usage based on gender identity. The letter goes on to say that decisions on gender identity in education should be made on the state and local levels of government. This is a step back for transgender rights. (Dear Collegue Letter, 2017). Source of Law: Administrative Law -
Current State of Law Regarding Transgender Students
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References
