Transgender Rights in Higher Education

Federal & State Policy


State Policies
When it comes to current policies in the United States, there is relatively little that protects the transgender community on college campuses. While most states implement a general non-discrimination policy to protect students from harassment, it does not specifically apply to the transgender student experience.

Georgia
In looking at Georgia's policy as it stands, it fails to recognize that gender-identity is a common category that attracts discrimination and harassment on college campuses. The state’s policy leaves the transgender community completely exposed and unprotected by law and unfortunately Georgia is not the only state to do this. Many other states that include a policy for discrimination prevention on college campuses only focus their attention on categories like the ones specified in Georgia’s policy. As a result, discrimination against the transgender community is common and widespread in higher education since there are no legal repercussions18.

Indiana, Michigan, Missouri, New Jersey, New York and Washington...
All fail to have any policy related to education equity and diversity20. This means that these states do not even legally recognize matters of discrimination based on race, gender or otherwise. If they fail to protect all different student communities represented in higher education then the transgender community will most certainly continue to be ignored at the state level.


California Takes the Lead
California, however, is the only state to have introduced legislation that properly acknowledges and supports the transgender community’s fight against discrimination20.

These policies are innovative and progressive in their attempts to embrace the LGBTQ community on California college campuses. They can act as models for other states as they begin to consider future policies that specifically cater to the LGBTQ community.


Federal Policies
While many state-based policies have not been supportive of the transgender community, the federal government has made some progress. In recent years, the U.S. Department of Education Office of Civil Rights revised Title IX of the Education Amendments of 1972 to include and protect the LGBTQ community against sex discrimination18. While universities are managing to find ways around this new amendment, this is a big step for the nation as it acknowledges the importance of defending transgender rights in higher education.

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