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A Guide to LGBTQ+ Inclusion on Campus, Post-PULSE

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Edited By Virginia Stead

The research in A Guide to LGBTQ+ Inclusion on Campus, Post-PULSE is premised on the notion that, because we cannot choose our sexual, racial, ethnic, cultural, political, geographic, economic, and chronological origins, with greater advantage comes greater responsibility to redistribute life’s resources in favor of those whose human rights are compromised and who lack the fundamental necessities of life. Among these basic rights are access to higher education and to positive campus experiences. Queer folk and LGBTQ+ allies have collaborated on this new text in response to the June 16, 2016 targeted murder of 49 innocent victims at the PULSE nightclub, Orlando, Florida. Seasoned and novice members of the academy will find professional empowerment from these authors as they explicitly discuss multiple level theory, policy, and strategies to support LGBTQ+ campus inclusion. Their work illuminates how good, bad, and indeterminate public legislation impacts LGBTQ+ communities everywhere, and it animates multiple layers of campus life, ranging from lessons within a three-year-old day care center to policy-making among senior administration. May the power of well-chosen words continue to deepen our understanding, clarify our communication, and empower us all as pro-LGBTQ+ campus activists.

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Chapter One: If Gender Isn’t Binary: A Legal Review of Titles VII and IX (Barbara Qualls)

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CHAPTER ONE

If Gender Isn’t Binary

A Legal Review of Titles VII and IX

BARBARA QUALLS



INTRODUCTION

Not so long ago, the verbal minefield of political correctness as it relates to gender was simple: Did a woman want to be called Mrs., Miss, or Ms.? Those terms seem almost antique when today we juggle an alphabet soup of acronyms, a jumble of psychological terms, a mixture of legal terminology, as well as newly coined words that have meaning only to those who have coined them. Although there are many different and equally valid aspects of the social, educational, and legal evolution of the sex/gender discussion, the most fundamental parameter of change is how the law deals with sex and gender. The focus of this chapter requires another narrowing of the discussion through the examination of one particular group of individuals who are impacted by the sex/gender debate, those who identify as transgender. The construct of transgender applies to spectrum behavior, which may include overt manifestation or not, may include transient identification or not, and may include attempts at biological alteration, or not. There is little surprise that case and statutory law grapples with such a fluid concept.

For schools and the people who operate them, the implications of transgender law are complex. The obligation to educate everybody in a relatively non-restrictive atmosphere becomes undefinable when one group of students behaves in the manner...

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