Monday, July 25, 2016

Trans issues round-up

In an act that I would find singularly outrageous if it were not in the current climate of fear--of everything and everyone--we see just how vulnerable some people are and how much we need the current interpretation of Title IX that includes transgender students.

In Wisconsin a trans high school student was told he could not use the boys' bathroom. He was offered the girls' bathroom or the office restroom. Neither option is acceptable but for a year, Ash Whitaker just did not use the bathroom at school, which had negative physical (and I would imagine emotional) health consequences. So he just started using the boys' bathroom seemingly without issue (and support from peers and some teachers) until the school instituted its wristband program. It would force students like Ash to use bathrooms based on sex on birth certificate. A green wristband would indicate that wearers are trans. The district and school wants to be able to monitor trans students and their bathroom use. The wristband reveals their trans identity to everyone.

A green wristband to identify trans students. The comparison is obvious and even if this is not a nationwide trend, it is deeply troubling. Whitaker and his mother have filed a Title IX lawsuit against the district. Also, this case serves as an example of the power of visibility. The Whitaker family was inspired to take action (there were other issues in addition to bathrooms) when they read about Gavin Grimm's case in Virginia.

Better news in South Carolina where a trans student, after OCR found her school district in violation of Title IX, is being allowed to use the girls' room in accordance to her gender of identity. The district engaged in a voluntary resolution of the complaint.

It is hard to take up the fight against discriminatory practices because often they lead to additional discrimination and backlash. It is more difficult in some areas and states than others. We live in Massachusetts where last week the legislature passed anti-discrimination legislation allowing trans people to use public restrooms and locker rooms in accordance with their gender identity. Yay Massachusetts! This does not mean, of course, that discrimination will cease. But an anti-discrimination measure has the backing of the state and that is hopeful. It goes into effect this fall.

Not Title IX related and not trans related (though potential implications) but too important to go without mention: Caster Semenya, who was subject to a disgraceful and malicious inspection of her gender in 2009 and then cleared to compete the following year, is competing in Rio this summer and is a favorite to win the 800 and also is a contender in the 400. But her participation is not without controversy, sadly. Again, despite being given the OK to compete in the field she has always competed in 6 years ago, some people are still worried about things being fair. Marathoner Paula Radcliffe--who does not compete against Semenya--is suspect of Semenya's participation and believes it is not sport when it is presumed that Semenya will win the gold. I guess gymnastics is going to suffer then given that Simone Biles is the presumptive all-around winner next month. Also Semenya, who won silver in 2012, is benefiting from the banning of the Russian team from track and field. Gold went to a Russian in London.

Her other fear is that so-called normal women will be pushed out of the sport when people to go areas of the world with higher occurrences of hyperandrogenism, which is the condition Semenya is believed to have. (In a rare moment of actually protecting her privacy, the results of her tests were not released.) One, athletes are recruited for specific physical traits all the time. Two, high testosterone levels are no guarantee of a specific performance outcome given that testosterone receptors are all over the body and perform different functions. Three, I could find distribution rates of intersex conditions. (They could exist, of course.)