Connecticut Governor Dannel P. Malloy has acted quickly to respond to recent developments in Federal law affecting the rights of transgender students by issuing an executive order reasserting the State’s protections for transgender people. Despite a change in Federal guidance, and as detailed below, Connecticut affords greater protections to transgender people than currently provided under Federal law.
In recent weeks, the Federal government has withdrawn support and guidance providing protections to transgender students. As detailed in this blog earlier this month, the Federal government signaled its new policy position when the Department of Justice effectively decided not to pursue an appeal against a Texas federal district court’s order granting a nationwide injunction challenging the implementation of joint guidance issued by the Department of Justice and Department of Education regarding Title IX protections available to transgender students. The Department of Justice and Department of Education jointly followed suit on February 22, 2017 by rescinding the Obama-era guidance extending Title IX protections to transgender students. https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201702-title-ix.docx