Recently, the Department of Justice and Department of Education instructed the Supreme Court to ignore Obama-era memos regarding the protections of transgender students in the public school system. President Trump’s new policy will prevent transgender students from using the bathroom that corresponds to their gender identity. According to the Attorney General, Jeff Sessions, “Congress, state legislatures, and local governments are in a position to adopt appropriate policies or laws addressing this issue.”
Essentially, the Trump administration is making the case that this contentious and controversial issue is one best left up to the states. Considering the fact that Trump is indeed a Republican makes it understandable that he would adopt a pro-states’ rights platform. However, Trump and his administration have proven to be remarkably inconsistent when it comes to states’ rights, and it is clear that the current administration uses the façade of “states’ rights” to push through an intolerant agenda.
We can see the Trump administration’s hypocrisy through Sean Spicer’s recent implication that the federal law regarding recreational marijuana will be enforced more strictly under the Sessions Department of Justice. Sean Spicer, the White House Press Secretary, said we should expect “greater enforcement” of federal laws regarding marijuana use. According to Spicer, Trump sees “a big difference” between recreational pot and medicinal cannabis. It is clear that the Trump team is fully prepared to reject states’ rights when states make decisions that don’t fall in line with the President’s rollback of civil liberties.
Luckily, some members of Congress are fighting back. Four members of Congress, two Democrats and two Republicans, have formed the Congressional Cannabis Caucus in an effort to fight back against the suppression of the democratic will of those who voted to legalize marijuana in their home states (recreational marijuana use is currently legal in California, Colorado, Washington, Massachusetts, Alaska, Nevada, and Maine). For those of us who live in states with legal recreational marijuana, we should write and call our representatives to make sure that our democratic choices are protected and respected. Similarly, we should contact our representatives to introduce legislation that protects the rights of transgender students.
As a Libertarian, it is none of my business which bathroom someone chooses to use- that, to me, seems like a civil liberty that the government has no right to restrict. The same logic applies to recreational marijuana; if you want to smoke a joint after a long day at work, who is that hurting?