Transitioning On-Campus Housing in Louisiana: An Analysis of Discriminatory Policies Trans* Students Face at the University

There are universities around our country that house trans* students on floors or hallways that automatically “out” them to the world. For a person who has been living their life as a man or woman to be placed on a residential floor that he or she doesn’t identify with is all too common, especially in Louisiana. Two out of four major Louisiana public universities don’t have a policy for housing trans* students, a trans* student seeking housing would likely experience the ostracization of being surrounded by a group of peers that are the opposite gender. In the other two, the policy exists but isn’t advertised. America, land of the free and home of the brave, is a fast-growing country with many social justice warriors fighting for the civil liberties of all Her people; if there are warriors fighting for progress then there must be opponents of such progress. With the military directive, signed by President Donald Trump, banning the ability of trans* Americans to serve in the military a lot of attention was given to the trans* community. Over recent years, trans* Americans have been faced with many issues such as bathroom bills, civil rights arguments, and now this. This Article seeks to present another, lesser known, issue that the trans* community faces: the ability to live on campus in an area that is conducive to their identity. While enrolled at Louisiana State University, I served as a Resident Assistant for four years. During that time, I knew of only two trans* students to have lived in the residential halls. A young woman was given the opportunity to stay on the floor that was in line with her identity, however the living space given to her was different than her hallmates. She didn’t have a roommate and she had a personal bathroom on a hall bathroom floor. Next, a young man that was in the process of transitioning was placed on a girls’ floor. Being part of the LGBTQ community, I was intrigued; so, I began looking into the on-campus policies at major Louisiana public universities to learn of their willingness to “accommodate” trans* students. In an effort to expose the inconsistencies of Title IX protections in Louisiana public universities this Article will delve into an analysis of Title IX protection and the policies that Louisiana public universities have in place to afford trans* students the same opportunities as cis-gendered students. This Article will focus on four of the major Louisiana public universities: (1) Louisiana State University-Baton Rouge, (2) Southern University-Baton Rouge, (3) University of Louisiana-Lafayette, and (4) Louisiana Tech. Gathering information provided by the university websites and statements from the residential life departments of each university, this Article will uncover the policies—if any—that exist to afford trans* students equal opportunities. Subsequently, because Title IX fails to precisely define sex, and because U.S. courts have misinterpreted the meanings of sex and gender, this Article seeks to compel Louisiana public universities to create policies and plans of action for trans* students that will be living on campus. These policies and plans will provide universities within the state the ability to tailor a plan to its liking in order to avoid the inevitable litigation from trans* students. Finally, this Article is designed to assist any and all public universities without a policy in place for trans* students in on-campus housing to develop said policy by outlining the appropriate methods that are in use by other universities across the country—UT-Dallas, Oregon State, and Missouri State. By analyzing the policies of universities that do not discriminate against trans* students, Louisiana public universities will be given a blueprint to follow so they can develop a policy for their campuses.