TJ Donovan
Attorney General TJ Donovan at a news conference. File photo by Morgan True/VTDigger
[V]ermont officials are reaffirming state-level protections for transgender kids in the wake of a decision by President Donald Trumpโ€™s administration to roll back federal guidance protecting transgender students.

The federal rules were established under President Barack Obama and said that transgender kids โ€” who may identify with a gender other than whatโ€™s on their birth certificate โ€” can use the bathroom of their choice. Trumpโ€™s administration revoked that guidance Monday.

Gender neutral restroom
A gender-neutral bathroom in the Vermont Statehouse. Photo by Erin Mansfield/VTDigger
But Vermont Attorney General TJ Donovan says a 2007 law signed by then-Gov. Jim Douglas already prohibits gender identity discrimination in workplaces, housing and places of public accommodation, which include schools. He said that law means transgender kids can use the bathroom of their choice.

Otherwise, he said, โ€œYouโ€™re discriminating against people based on their identity, and itโ€™s an equal protection issue that youโ€™re treating people who are similarly situated different because of their gender identity.โ€

โ€œThis is about civil rights, and protecting people, and accepting people โ€” thatโ€™s what my position is,โ€ Donovan said. โ€œWe will defend Vermonters. We will stand up and protect kids. Period.โ€

Additionally, Education Secretary Rebecca Holcombe emailed educators across the state Thursday with guidance on transgender protections that apply at both public and private schools.

โ€œRegardless of changes at the federal level with respect to transgender and gender nonconforming students, our (Vermont) guidance is still in effect,โ€ Holcombe wrote. โ€œAs always, the intent of the state of Vermont is to ensure the safety of all children first and foremost.โ€

The guidance document (available below) defines gender identity terms for educators; guides them on using a studentโ€™s preferred pronouns in teaching; and advises them to use a studentโ€™s preferred gender in documents such as a student transcript.

Brenda Churchill, of Bakersfield, who is involved in an alliance of lesbian, gay, bisexual, transgender, queer and intersex people and allies, praised Donovanโ€™s leadership.

โ€œIโ€™m very proud to live in Vermont, and I respect what Mr. Donovan has publicly restated,โ€ she said.



Twitter: @erin_vt. Erin Mansfield covers health care and business for VTDigger. From 2013 to 2015, she wrote for the Rutland Herald and Times Argus. Erin holds a B.A. in Economics and Spanish from the...

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