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Weekly Full Policy Postcard - 8/23
- atenmorin0
- Aug 22
- 5 min read
Protected Classes? Not in this Economy!
Disturbing trends are dismantling democracy. Beyond the armed-takeover of the capitol city (read: coup!), a newly released Department of Justice memo builds on the Trump administration’s efforts to dismantle diversity, equity and inclusion programs, essentially claiming DEI unlawful. – U.S. Attorney General Bondi’s “guidance” (albeit in an “official” memo) warns any entity receiving federal funds—including (but not limited to) hospitals, schools, non-profits, museums, and other contracting businesses—against accommodating trans people who simply need to use “bathrooms, showers, locker rooms, or dormitories,” as well as trans people competing in athletic competitions.
Since President Trump took office in January, he’s targeted DEI programs, practices and personnel via executive orders and other efforts. However, higher ed experts have repeatedly said that the orders don’t change the underlying laws, so colleges that complied with the law before Trump’s inauguration remain in compliance. However, in response to the federal edicts, colleges have rolled back a number of their programs and closed centers that catered to specific student groups.
Many of the practices declared unlawful in the nine-page memo echo those referenced in the Education Department’s February Dear Colleague letter, such as race-based scholarships. But it also explicitly states that “BIPOC-only study lounges” and similar facilities are unlawful.
We have seen pre-emptive obedience across the board and this “guidance” will further these actions.
Bondi admits her memo’s “suggestions” constitute “segregation,” and reminds us non-lawyers that this practice is only allowed under “heightened scrutiny,” a legal doctrine “requiring an exceedingly persuasive justification and substantial relation to an important governmental objective.” Beyond the legalese, the disgusting anti-trans sentiments add spice to this “suggestive” memo:
“While compelled segregation is generally impermissible, failing to maintain sex-separated athletic competitions and intimate spaces can also violate federal law. Federally funded institutions that allow males, including those self-identifying as “women”, to access single-sex spaces designed for females–such as bathrooms, showers, locker rooms, or dormitories–undermine privacy, safety, and equal opportunity of women and girls. Likewise, permitting males to compete in women’s athletic events almost invariably denies women equal opportunity by eroding competitive fairness. These policies risk creating a hostile environment under Title VII, particularly where they compromise women’s privacy, safety, or professional standing, and can violate Title IX by denying women access to the full scope of sex-based protections in education. To ensure compliance with federal law and to safeguard the rights of women and girls, organizations should affirm sex-based boundaries in biological differences.”
The Trump Administration has already directly attacked trans rights via executive orders and discriminatory directives. But time and time again, legal resistance has challenged these policies. The memo’s author (Bondi) goes through such great pains to emphasize that this memo is a list of “suggestions.” If it’s an order, it can be challenged in court; but like so many of the dog-whistles this administration blows, they’re counting on their dogs in the field putting these “suggestions” into place.
This is horrifying, especially in light of universities already capitulating millions of dollars and adopting gender-restrictive policies. We know they won’t stop there. That’s why resistance today is vital to all communities living in this unraveling democracy.
LEGISLATIVE UPDATE
The Arizona Legislature sine die (adjourned their session) on June 27, 2025 until January 12, 2026. We look forward to this next phase of reflecting and strategizing for what’s to come in the next session.
SCHOOL BOARD ACTION
School is back in session and we’re taking applications for Hall Monitors to help local communities monitor public school governing boards. We can train you or your organization on how meaningful this work is to stemming the attacks on some of our most vulnerable youth: trans and nonbinary students.
Hall Monitors are key advocates to understanding local actions and the impacts on students and their families. Hall Monitors will also utilize community supporters to leverage community responses to school board actions. School board meetings are usually held 1-2 times a month and Hall Monitors are able to listen and watch meetings in person or on the school district’s live stream from the comfort of your own home.
Monitor Arizona’s school boards by applying to be a Hall Monitor!
CIVIC LITERACY
Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties may be suspended for as long as martial law continues. Most often, martial law is declared in times of war or emergencies such as civil unrest and natural disasters. Alternatively, martial law may be declared in instances of military coups d'état.
Recent events, like the current administration's push to “federalize” Washington, DC. This military intrusion into the local affairs of the city are paramount to martial law.
Historically, in the United States, martial law has been declared for a state or other locality under various circumstances including after a direct foreign attack (Hawaii after the Japanese attack on Pearl Harbor; New Orleans during the Battle of New Orleans); after a major disaster (Chicago after the Great Chicago Fire of 1871; San Francisco after the earthquake of 1906); and in response to chaos associated with protests and mob action (San Francisco during the 1934 West Coast waterfront strike; Montgomery, Alabama, following the mob actions against the Freedom Riders).
The martial law concept in the United States is closely tied with the right of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is related to the imposition of martial law. There have been many instances of the use of the military within the borders of the United States, such as during the Whiskey Rebellion and in the South during the Civil Rights Movement, but these acts are not tantamount to a declaration of martial law.
DISCRIMINATION & HARASSMENT COMPLAINTS
Humanity doesn’t always send our best. We know that queer students experience discriminatory comments, harassing behavior and a spectrum of slurs at school from their peers, faculty, and administrators. Discrimination and harassing behavior are not part of growing up and have no place in our classrooms or on our playing fields.
If you have been discriminated against or have experienced harassment at school, consider filing a complaint with the Civil Rights division with the Arizona Attorney General here: (https://www.azag.gov/complaints/civil-rights)
By documenting your ongoing lived experience, government officials can no longer claim their ignorance of the problem. Bullying, harassment, and discrimination disrupt a student’s education and threaten their academic attainment and physical and mental health. Don’t be silent.
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