Even if the commitment to civil rights falters at the federal level, we still have state civil rights laws on the books that provide protections on the basis of race, sex, religion, disability, and other protected characteristics. Some states’ laws are more exhaustive and inclusive than others. In the absence of a federal imperative for inclusion, ATIXA, NABITA, and TNG bring unique experience not only in advancing those legal principles, but also in how to help organizations navigate through transitions when the legal landscape changes. Although we can surely anticipate that Title IX may no longer be the “source” of any non-discrimination mandate at the federal level, dozens of state laws provide some manner of protection for LGBTQIA+ individuals in employment, public accommodations, school bullying laws, and other realms. The courts have, so far, been fairly consistent in protecting LGBTQIA+ rights under both Titles IX and VII, though the Supreme Court will be the ultimate determiner of how far those protections extend.
A question was raised to us about whether the TA might try to stymie state-level protections for higher education by tying federal student aid funding to some commitments related to rolling back policy protections for LGBTQIA+ people. While we suppose this is possible, theoretically, we don’t have any real sense of whether it is practically possible, strategically viable, or politically tenable. We’ll keep an eye on it and keep you informed, of course.
In addition to the analysis of the legal landscape related to LGBTQIA+ community members, we need to consider the human impact of this election on LGBTQIA+ individuals and communities. The idea that these rights are even debated can have real and immediate consequences. LGBTQIA+ students are facing elevated rates of suicide, increased incidents of bullying and harassment, and a decline in emotional well-being, as they navigate a climate that feels increasingly uncertain and, at times, hostile. Schools must be prepared to foster a positive and inclusive environment, where all community members feel safe and valued. This requires a concerted effort to improve school climate, actively identify students who may be struggling, and connect them with the resources they need.
--Provided by the TNG Consulting Group