Delaware's Regulation 225 is Problematic

Lawmakers in Delaware have been debating a new mandate that impacts transgender students statewide. Initially, Regulation 225 was designed to protect students by allowing them to choose how they identify. New revisions to the regulation eliminate choice, and subsequently safety, by forcing transgender students to have their parents’ permission before going by their chosen gender at school.

Our concerns about Regulation 225 are centered on safety. We’re thinking about the transgender students who may be in volatile and/or unsupportive homes. If those students wanted to be addressed in their preferred gender at school, they would likely be forced to out themselves at home. With many of our brothers growing up in unsupportive and unsafe homes where their sexuality and gender preference had to be silenced until they were 18, we see Regulation 225 as an insensitive and potentially dangerous mandate that is unintentionally rooted in discrimination and promotes further violence against transgender students.

We love what Kathleen MacRae, the Executive Director of ACLU of Delaware, said in a statement:

“Students should not be forced to choose between abuse at home or basic dignity at school—such as being called by appropriate gender pronouns or being able to use facilities that match who they are—simply because of widespread ignorance about and bigotry against transgender people.”

HRC’s Legal Director, Sarah Warbelow, also stated,

“If adopted, Regulation 225 would license discrimination against transgender students, violate federal civil rights laws and undermine the health, safety and dignity of kids who deserve our support. Requiring the forced outing of transgender students as a precondition to protect their rights is discriminatory and cruel “

Please join us in writing to Delaware’s Department of Education to voice concerns regarding Regulation 225. Email