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Donald Trumps is bad at policy-making. It will be his undoing.
As part of its attempt to strong-arm America into targeting trans people, the Trump administration recently demanded that California ban trans kids from school sports and using the correct restrooms for their gender identity. Rather than passing legislation on the matter through Congress, Donald Trump has used the Office of Civil Rights (OCR) to attack California while continuing to legislate by shouting on social media.Although that might be a tactic that has worked for him depressingly well in some past cases, California stood up and said no, and the situation demonstrates how precarious his position is while he relies on these bullying tactics. Related Trans woman allegedly turned away from hotel because people like you cant stay here Sadie Vice reserved a hotel room online but was turned away when she showed up. Now an employee is offering up excuses. Trumps weaponization of the OCR against the California Interscholastic Federation (CIF) builds on Trumps anti-trans attacks so far. On day 1, Trump issued an executive order seeking to define trans people out of existence. By February, the Trump administration released a notice that they were repealing Joe Bidens interpretation of Title IX, which was that Title IX protected trans people from discrimination, as it was impossible to target trans identities without it being on the basis of sex. Days later, Trump released another executive order banning trans athletes from participating in sports. Dive deeper every day Join our newsletter for thought-provoking commentary that goes beyond the surface of LGBTQ+ issues Subscribe to our Newsletter today While that might seem like a robust (if hateful) strategy from Trump, theres a major issue there: none of these actions actually change any laws. These executive orders and interpretations are purely about stating how the executive branch plans to act. Theyre a statement of purpose, not new law. This is about Trump yelling about what he wants to happen and how he is choosing to read the laws, and what follows is him being mad that not everyone agrees with him.The only real tool that Trump has in this battle is to threaten to pull federal funding. Thats exactly what he did on June 25, with the OCR having investigated supposed Title IX violations under Trumps biased interpretation of the law and found unacceptably humane treatment of trans people. Fortunately, the California Department of Education (CDE) has refused to bow to the Trump administrations demands by signing the proposed resolution agreement, noting that the department respectfully disagrees with OCRs analysis.To Trumps credit, there were signs that California might be swayed by his interpretations of Title IX and might have been willing to turn on trans people for political gain. The fact that he misplayed this is what proves how poor of a deal-maker he really is. California Gov. Gavin Newsom (D) launched a new podcast in March. In what might have been an attempt to show political breadth ahead of a fresh presidential run, the first guest that he invited on his show was Charlie Kirk, the far-right influencer and co-founder of Turning Point USA. In that discussion, Newsom capitulated to anti-trans pundits, saying he was aligned with Kirk on trans sports matters and saying that it was an issue of fairness.That opening was clearly known to the Trump administration. Quotes from the podcast were included in the OCRs statements, and when the CDE refused to meet Trumps demands, Secretary of Education Linda McMahon lamented that Gov. Newsoms acknowledgement that its an issue of fairness was empty political grandstanding.But that seeming sign of openness from Newsom demonstrates just why Trumps favorite weapon could be his downfall. Newsom might be willing to question trans people participating in sports, but in response to Trumps battering ram approach, the instinct was to stand up and say, You dont tell us what to do. Trump might think that he can legislate from Truth Social and just make demands until somebody makes it happen. But his disregard for appropriate processes (combined with just being unlikable) gives space for imperfect allies to arise for the trans community who will defend us out of principle and spite, even if they might otherwise allow anti-trans sentiments to proliferate. While Newsom has wavered on the matter, in the face of the Trump administration trying to brandish its power, Newsoms administration has been willing to draw a line in the sand that can help to protect trans people going forward.In all of this, its worth noting how hollow Trumps attacks on California are here. The state has had a law on the books allowing trans people to participate in sports under the correct gender identity since 2013. The state has supported trans people for a long time, and while some finesse might have brought Newsom further into the anti-trans camp, Trump has pushed him right back into a defensive stance.Californias law was on the books throughout Trumps entire first term, but it didnt seem to be a concern for him at the time. All of this harkens back to the work of conservative groups pushing for Trump to make trans people a target of his campaign back during the 2020 election. Trump lost the 2020 election, and after winning the 2024 vote while campaigning against trans people, he is clearly happy to double down. The OCRs report came out a week after the Supreme Court ruled against gender-affirming care for trans youth in the Skrmetti case, and the Court has now said that theyll hear two cases around trans participation in school athletics. While there have been concerns about what happens when Trump ignores court decisions and pushes past Congress to enact his whims, the California situation gives hope that it will be able to push back. He doesnt have the powers he thinks he does, and as long as the right people are willing to stand up and say no, the tactic becomes toothless in the long run.In response to the CDEs rejection, the Trump administration is now suing California. Well have to see how that plays out, but its reasonable to expect California to fight this sort of tactic tooth and nail, whether for the rights of trans people, the rights of states, or just out of pure distaste for Donald Trump.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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