Order lifts gender-restroom guidelines

WASHINGTON — President Donald Trump’s administration Wednesday ended federal protection for transgender students that required schools to allow them to use restrooms and locker rooms that match their gender identities.

The administration came down on the side of states’ rights, lifting federal guidelines that had been issued by former President Barack Obama’s administration. Without the Obama directive, it will be up to states and school districts to interpret federal anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identities.

“This is an issue best solved at the state and local level,” Education Secretary Betsy DeVos said. “Schools, communities, and families can find — and in many cases have found — solutions that protect all students.”

The Obama guidance did not sufficiently explain how federal sex- discrimination law known as Title IX also applies to gender identity, Attorney General Jeff Sessions said in a statement.

“Congress, state legislatures and local governments are in a position to adopt appropriate policies or laws addressing this issue,” Sessions said.

In a letter to the nation’s schools, the Justice and Education departments said the earlier guidance “has given rise to significant litigation regarding school restrooms and locker rooms.”

The agencies withdrew the guidance “in order to further and more completely consider the legal issues involved.”

Anti-bullying safeguards would not be affected by the change, according to the letter. “All schools must ensure that all students, including LGBT [lesbian, gay, bisexual and trangender] students, are able to learn and thrive in a safe environment,” it said.

It was not clear what immediate impact the change would have on schools. A federal judge in Texas put a temporary hold on the Obama guidance soon after it was issued, in response to a lawsuit from by 13 states, including Arkansas.

Even without that hold, the guidance carried no force of law. But transgender-rights advocates say it was useful and necessary to protect students from discrimination. Opponents argued that it was federal overreach, and violated the safety and privacy of other students.

White House spokesman Sean Spicer said Trump “has made it clear throughout the campaign that he is a firm believer in states’ rights and that certain issues like this are not best dealt with at the federal level.”

Conservative activists hailed the change, saying the Obama directives were illegal and violated the rights of fixed-gender students, especially girls who did not feel safe changing clothes or using restrooms next to anatomical males.

“Our daughters should never be forced to share private, intimate spaces with male classmates, even if those young men are struggling with these issues,” said Vicki Wilson, a member of Students and Parents for Privacy. “It violates their right to privacy and harms their dignity.”

However, the reversal is a setback for transgender-rights groups, which had been urging Trump to keep the guidelines in place. Advocates say federal law will still prohibit discrimination against students on the basis of their gender or sexual orientation.

In a phone interview, Gavin Grimm, a transgender teen whose suit against a Virginia school board for the right to use the bathroom of his choice will be heard by the U.S. Supreme Court, said of the Trump action: “It’s not positive. It has the possibility of hurting transgender students and transgender people. We’re going to keep fighting like we have been and keep fighting for the right thing.”

Some groups say lifting the Obama directive puts children in harm’s way.

“Reversing this guidance tells trans kids that it’s OK with the Trump administration and the Department of Education for them to be abused and harassed at school for being trans,” said American Federation of Teachers President Randi Weingarten.

Spicer denied media reports that DeVos, who has been criticized for her stance on LGBT issues, had opposed the change but was overruled by Sessions. Spicer said any disagreement was merely over wording and timing.

“There is no daylight between anybody,” Spicer said, adding that DeVos was “100 percent” on board with the decision.

Fifteen states have explicit protections for transgender students in their state laws, and many individual school districts in other states have adopted policies that cover such students on the basis of their gender identity, said Sarah Warbelow, legal director of the Human Rights Campaign.

Just one state, North Carolina, has enacted a law restricting access to bathrooms in government-owned buildings to the sex that appears on a person’s birth certificate. Lawmakers in more than a dozen states, including Arkansas, are considering similar legislation, according to the National Conference of State Legislatures.