Chase Strangio:
The Trump administration is not the final word on the meaning of discrimination because of sex. The Supreme Court is.
And, today, the Supreme Court made unequivocally clear that discrimination because of an individual's sex includes discrimination against LGBTQ people. So, I agree. I think that the HHS regulation is void. I think that efforts to discriminate against transgender students are no longer consistent with the statute, as has been made clear by the Supreme Court.
But all of these issues will be percolating and are already being litigated in the lower courts, in terms of the extent of protections in the context of education, in the context of housing and shelter, as well as under the Affordable Care Act in the context of health care.
When it comes to the ban on military — open military service by transgender people, this will apply to civilian contractors. Title VII does apply. Title VII does not apply to active service members. So the fight over the transgender military ban continues. It continues in the lower courts.
Unfortunately, the Supreme Court allowed the ban to go into effect. But, ultimately, a new president could take away that ban almost immediately. So, there are so many fights ahead. And some of them will be litigated in the lower courts. Some of them can be fixed by executive action.
But, ultimately, we're going to keep fighting in every possible way to ensure that our full LGBT community, particularly the black and brown people, who have been leading the fight and who have been taking the brunt of the discrimination, are leading the fight and centered.
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