Title IX memo mayhem

Transgender students discuss the effects of the leaked memo, and the what they’re doing now

Paulina Sierra / Opinion Editor / The USD Vista

On Sunday, Oct. 21, the LGBTQ+ community was shaken by news of a leaked memo that revealed the Trump administration’s intent to redefine sex as a “person’s status as male or female based on immutable biological traits identifiable by or before birth.”

The Department of Health and Human Services is spearheading the memo. The intent is to publish this definition under Title IX, which will greatly affect the way rulings on discrimination can be run. If made into law, it would take the right to discrimination on the basis of sex away from the 1.4 million Americans who have openly identified on government records as transgender.

The news met Aaron Meyer, a transgender senior, through an outreach of solidarity from the LGBTQ+ community online, and with absolutely no surprise.

“Early this week I started seeing a lot of posts and events supporting trans people so I figured something must have happened,” Meyer said. “I looked into what was going on and I was not surprised in any way. Honestly, based on the fallout, I was expecting to find out about something much more concrete than what is actually happening. But this is really just more confirmation of what we already know about this administration’s stance on trans people.”

For Meyer, the fear of the government rolling back on transgender rights has always been active and present in his life, and was only heightened by the leaked memo.

“In California, trans people can change their gender marker on their birth certificate and once that is done, the original record is sealed,” Meyer said. “This is what I have done and it is what enabled me to change my gender marker on my passport. When I vacationed in Europe this January, TSA had trouble scanning my passport, which I had only recently acquired with the correct name and gender marker. I was terrified that some ruling had been issued or my changing of my gender marker had put me on some sort of No Fly List or something. It seems so dystopian and I remember thinking that at the time, but it’s still one of those fears I have in the back of my head. So the idea that my original birth certificate could be unsealed and/or used by the federal government against me is pretty scary for me. I really hope nothing comes of this because, even living in California, there are a lot of ways this [policy change] could cause great harm to trans people.”

Paige Ferguson, the president of Gender Friends, an on-campus discussion and processing group meant to support transgender students, was concerned on both the political and social front.

“My reaction to the memo was fear,” Ferguson said. “Not only would rolling back federal protections for trans, non-binary, and intersex people put the community at risk for violence and discrimination, but it also normalizes transphobia and emboldens prejudiced individuals. It’s scary when autonomy over your life can be ripped away from you.”

“At first, I was surprised and thought, ‘How could they possibly do this?’” Ferguson said. “But when I started thinking about what the Trump administration has already done to target the trans community I wasn’t so astonished anymore. Trump has attempted to pass a policy that would ban transgender folks from serving in the military, he has revoked protections for trans students which allowed trans people to use the bathroom that corresponds to their gender identity, and Pence has a long history of opposing LGB and Trans rights. The current administration and individuals within it have been actively working to harm the LGB and Trans community for some time now, so no, I don’t feel very surprised anymore.”

Ferguson has concerns over the effects this will have on USD, both on an administrative and social level.

“I feel like this has the potential to change the campus environment for me and other trans, non-binary, and intersex individuals,” Ferguson said. “One possibility is that this will make the campus environment more hostile. USD added ‘gender identity’ and ‘gender expression’ to the non-harassment and non-discrimination policies in 2011; that’s under 10 years ago and who knows if USD would stay committed to these policies. Even now we’re struggling to get more all-gender bathrooms on campus that are accessible and not tucked away in the back hallways of buildings. But another possibility is that the student body will rally together and continue to stand up for trans rights and hold the world accountable to respecting the human dignity of trans, non-binary, and intersex people. I hope it’s the latter.”

The LGBTQ+ & Allies Commons has already taken steps to show discontent with the leaked memo. The space provided supplies for creating protest posters used in a demonstration in the greater San Diego area on Oct. 27, as well as transportation to a teach-in in Hillcrest lead by transgender youth, ages 14-18, regarding what ought to be done by the greater adult San Diego LGBTQ+ community. The Commons also planned an event on Oct. 29 entitled “Self-Care & Solidarity” as a relaxed event to soothe the nerves of those emotionally fraught as a result of the memo and the subsequent calls to political engagement that can often feel overwhelming to those whose existence has become inherently political.

Ferguson attended the demonstration, and noted a small presence from the USD community, which they found disappointing.

“It was comforting to see other trans people and allies standing up for trans rights because this group is relatively small on USD’s campus,” Ferguson said. “I think students and faculty at USD could benefit from educating themselves about trans issues and gender-identity topics because I haven’t heard anyone outside the LGB and Trans community be concerned about the leaked memo. So, the march and rally were nice because it reminded me that the community isn’t as small as it feels on USD’s campus.”

So far, there has been no public action taken by those who approve of the memo within the USD community.

To those who care to support the transgender community, Ferguson suggests the need for allies to educate themselves on the issues being addressed, as well as for them to engage politically via voting.

“Allies can help by educating themselves about trans and intersex issues, there’s a lot of resources online, on YouTube, and even on campus to help allies get better acquainted with the community,” Ferguson said. “Allies can use the correct pronouns for trans and non-binary people and correct others if incorrect pronouns are used. They can also vote for those that will help keep legal protections for trans and intersex people in place and also help us secure more legal rights and recognition. And allies can use their voice to spread awareness about these issues, but please remember to not talk over or for trans individuals.”

While the leaked memo is sure to rattle up some liberal voters, Meyer is pessimistic about whether this will cause apathetic voters to care, due to the fact that those who care about transgender rights are usually already politically involved.

“I would hope that people would be inspired to vote in the midterms because of their outrage but to be honest I think that anyone who would be affected by this was already planning to vote anyways,” Meyer said. “Maybe it’s cynical but I don’t think this is going to affect the vote either way.”

The definition would affect two laws currently under review by the White House: one from the U.S. Department of Education that addresses complaints of sex discrimination from within schools that receive funding from the federal government, and one from Heath and Human Services regarding to programs that also receive federal funds. Both are expected to be released in the next few months, and would be open to scrutiny and other comments from the United States citizenry for 60 days before they could be enacted, which would include within them the new proposed definition of “sex.” It will be within this tense period that the legitimate consequences of this leaked memo, and the reality of the way it will affect transgender people across the country will be realized.