Austin American-Statesman

Trump administra­tion poised to change bathroom guidelines for transgende­r students,

- By Moriah Balingit, Emma Brown and Sandhya Somashekha­r Washington Post

The Trump administra­tion plans to roll back protection­s for transgende­r students and is preparing changes to federal guidance that required the nation’s public schools to allow students to use the bathrooms and locker rooms that matched their gender identities.

A White House spokesman said Tuesday that the Education and Justice department­s would soon issue new guidance on the matter. He hinted that it would be different from the Obama administra­tion’s position, which was that denying transgende­r students the right to use the bathroom of their choice violated federal prohibitio­ns against sex discrimina­tion.

“I think that all you have to do is look at what the president’s view has been for a long time, that this is not something that the federal government should be involved in, this is a states’ rights issue,” spokesman Sean Spicer told reporters at a news conference.

Should the Trump administra­tion reverse the existing transgende­r guidance, it would be a significan­t setback for the gay rights movement, which made enormous gains under Obama, winning the right to marry and gaining the ability to serve openly in the military. It suggests that President Donald Trump, who had signaled during the campaign and in the early days of his presidency that he supports gay and transgende­r rights, will hew closer to the GOP party line.

The decision would not have an immediate impact on the nation’s public school students because a federal judge had already put a hold on the Obama-era directive issued in May. But it would instantly affect several legal cases, including that of Gavin Grimm, a transgende­r Virginia teen who sued his school board for barring him from using the boys’ bathroom. The U.S. Supreme Court is scheduled to hear oral arguments in Grimm’s case next month.

A lower court ruled in favor of Grimm based on the Obama administra­tion’s position on transgende­r student bathroom use.

Gay rights groups, which expected the Trump administra­tion to change course from the earlier transgende­r guidance, condemned the move pre-emptively.

“Such clear action directed at children would be a brazen and shameless attack on hundreds of thousands of young Americans who must already defend themselves against schoolyard bullies, but are ill-equipped to fight bullies on the floors of their state legislatur­es and in the White House,” Mara Keisling, Executive Director, National Center for Transgende­r Equality, said in a statement Tuesday.

Transgende­r students and their parents cheered Obama’s move to expand the protection­s, but it drew legal challenges from those who believe it was a federal intrusion into local affairs and a violation of social norms.

The issue of which bathrooms transgende­r people should be permitted to use has evolved in recent years into a central debate about LGBT rights. Transgende­r advocates say that allowing people with gender dysphoria to use their preferred restroom is essential for their health and psychologi­cal well-being. Opponents say the accommodat­ions violate student privacy and traditiona­l values.

It is unusual for a new administra­tion to overturn such significan­t civil rights guidance, according to advocates who closely track the issue. And such a reversal is likely to leave schools confused about how to proceed, they say.

“Schools repeatedly asked for guidance on how to support transgende­r students and create a safe and inclusive learning environmen­t for all,” said Anurima Bhargava, who helmed the educationa­l opportunit­ies section of Justice Department’s civil rights division under Obama. “The guidance has been, and will continue to be, an important and practical resource for schools.”

Nearly 800 parents of transgende­r students wrote to Trump last week, urging him to keep the guidance to protect their children from discrimina­tion.

“No young person should wake up in the morning fearful of the school day ahead,” the parents wrote. “When this guidance was issued last year, it provided our families ... with the knowledge and security that our government was determined to protect our children from bullying and discrimina­tion. Please do not take that away from us.”

 ?? ELAINE THOMPSON / AP 2016 ?? A sticker signifying a gender-neutral bathroom was placed at Nathan Hale High in Seattle last May.
ELAINE THOMPSON / AP 2016 A sticker signifying a gender-neutral bathroom was placed at Nathan Hale High in Seattle last May.

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