By Maddy Buffardi
Managing and
Op-Ed Editor
The idea of being transgender has always existed but it does seem that it has become much more talked about and in the public eye as of recently. Being transgender simply means the individuals self-identity does not conform to conventional notions of male or female gender.
The important thing to address is the difference between gender and sex. Sex is biological but gender is not. Any person has the right to choose what they identify as – and gender identification is all about comfort for the individual.
People often become concerned about offending a person and combat that fear by simply avoiding using any terms or pronouns, but that isn’t necessary. Most trans people will not get angry if you misgender them, or use the wrong name acidentally. It’s generally understood that it’s something people will need to adjust to, and so will people who recently came out as transgender. If people accidently use their former name, or an incorrect pronoun, it’s okay. As long as people are trying to comply with what makes said person comfortable, they’re happy.
As a result of this topic becoming more talked about it is becoming more frequently occurring in schools across the nation. Which begs the question, what are schools doing for their transgender students? In Neshaminy, not very much.
There are certain disciplinary codes – for explain the dress code — which in Neshaminy is gender specific. Because of the Equal Protection Clause schools who insert explicitly-gendered classifications into an otherwise neutral dress code greatly increase their own chances of a court finding said school in violation of its students’ rights.
Supreme Court case Craig v. Boren proclaimed “classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives.”
Essentially, in order to legally tell any trans student who wants to dress to their own comfort – that they cannot, they would have to prove that doing so improves the educational potential and achievements of said student.
Administration has encouraged that students who are trans, or want to help advocate for trans students, should talk to the school board about changing certain discipline codes and to talk to members of the gay-straight alliance club for support. He stressed the fact that the rest of the student body does need to be considered – they may be distressed if a trans student uses the “wrong” bathroom or locker room.
Herein lies the first big issue trans students are facing. Though some students have no problem doing so, it is not the student’s job to advocate for themselves. It is not the “minorities” job to create a safe and welcoming environment for themselves. In high school especially, this is not the way things will get done.
Originally this article was intended to feature just one of Neshaminy transgender student’s story. The article was then put on hold following Principal Robert McGee, choice to first call said students parent to obtain their permission since the student is a minor. Problem being, administration may not have the right to make that call.
“Minors can give valid and legally binding consent as long as they understand the nature and probable consequences of their actions; in the case of a newspaper interview, that means they understand that people will read the things they talk about. That said, getting parental consent doesn’t hurt anything–but no, the school can’t require it.” Adam Goldstein, Attorney Advocate from the Student Press Law Center said.
Denying this student a platform of expression is further silencing the struggles of all transgender students and amplifying the ignorance and avoidance toward the topic. By facilitating this environment of isolation toward anyone who is different, administration is causing some of those students to feel uncomfortable inside the school building.
Keep in mind this story was not this students way of coming out, that has already happened previously. This article was merely a platform for this student to tell their story, their struggles, and what changes they would hope to see in the future. An article like this was meant to educate the student body on the topic and facilitate a conversation about what can be done for trans students.
The student was informed on the possible backlash and repercussions following the publishing of this piece, and gave their informed consent to have it published. In the students eyes, they could handle any backlash if it may help other students struggling in Neshaminy feel less alone – a brave stance that was punished and stopped.
For a school that maintains the expectation that students and staff will actively “accept and appreciate differences” this seems like a lot of work to do the opposite of.
Neshaminy’s student body and administration should constantly be working to become more educated, understanding, and accepting – and learning more through communicating and discussing the topic of transgender people can only help do that. The administration especially is responsible for creating a safe and comfortable environment for all of their students, and should work with every student in order to be more considerate and accommodating.
Neshaminy school district should be working with the Gay, Lesbian, and Straight Education Network to create new district policy on transgender and gender nonconforming students. Gender identification doesn’t exclude a student from obtaining their right to an education, as protected by the first amendment and the Equal Protection Clause.
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