US states reassure transgender pupils after Trump withdraws guidance
US states are making a stand after Donald Trump’s decision to rescind federal guidance that said transgender pupils should be able to use school toilets and changing rooms that match their gender identity. New York’s top lawyer criticised the move as “cruel” while a Los Angeles schools boss said her city “embraces all students”.
The Obama administration instructed public schools last year to allow transgender children to use the bathrooms that matched their gender identity, and threatened to withhold federal funding if they were forced to use other restrooms against their will. While the Trump administration’s new letter to schools says the guidelines have been lifted, anti-bullying safeguards will remain in effect. States and school districts will now have the power to interpret whether federal sex discrimination law applies to gender identity.
New York state Attorney General Eric Schneiderman said: “President Trump’s decision to rescind antidiscrimination protections for transgender students is yet another cruel move by an administration committed to divisive policies that roll back the clock on civil rights. Transgender individuals deserve to live in dignity, without fear of bullying or discrimination. I will do whatever it takes to protect transgender and all LGBTQ New Yorkers, no matter what happens in Washington.”
Last year the outspoken Mr Schneiderman announced he would “fight @realDonaldTrump, his dangerous appointees, and their radical agenda”. Bob Ferguson, the Washington state Attorney General, said: “While the Trump administration has taken a disappointing step backward, the civil rights of transgender individuals will continue to be protected under Washington state law.” Washington is one of nearly 20 states to offer “explicit civil rights protections” for transgender people, his office said in a statement.
Superintendent Michelle King, of the Los Angeles unified school district, said students “will remain protected regardless of the new directive”. She added: “The district embraces all students and remains committed to affirming a safe, productive learning environment for everyone.” However, the Gloucester County school board in Virginia, which is currently fighting a Supreme Court case on whether it can ban a transgender male pupil from the boys’ toilets, welcomed the new letter, saying it was “pleased” states’ “primary role” in setting local policy had been recognised.
And Texas Attorney General Ken Paxton, who led opposition to the Obama ruling, said the former president had tried to “bypass Congress and rewrite the laws to fit his political agenda for radical social change”. White House press secretary Sean Spicer said President Trump was “a firm believer in states’ rights and that certain issues like this are not best dealt with at the federal level”.
The previous rules had led to legal confusion among states, according to the letter sent to schools by the education and justice departments. The New York Times reported that Education Secretary Betsy DeVos resisted signing off on the new order because she was uncomfortable about potential harm to pupils. Attorney General Jeff Sessions pushed her to accept it and Mr Trump sided with him, it was claimed.
During his confirmation hearing, Mr Sessions told senators he still opposed same-sex marriage and the Supreme Court’s decision in Roe v Wade, the landmark case that guaranteed women’s right to have abortions. In January Mr Trump promised not to repeal an Obama-era ruling that banned companies doing business with the federal government from discriminating on the basis of sexual orientation or gender identity.
The White House said at the time: "President Trump continues to be respectful and supportive of LGBTQ rights, just as he was throughout the election." But activists have criticised his latest move. James Esseks, the American Civil Liberties Union’s LGBT project director, said: "Revoking the guidance shows that the President’s promise to protect LGBT rights was just empty rhetoric. But the bottom line is that this does not undo legal protections for trans students, and school districts can and must continue to protect them and all students from discrimination."