TRUMP ROLLS BACK FEDERAL TRANSGENDER PROTECTIONS
Washington — The Trump administration on Wednesday revoked federal protections for transgender students who sought the right to use the public school restrooms that match their gender identity, taking a stand on a contentious issue that has become the central battle over LGBT rights.
Officials with the federal Education and Justice departments notified the U.S. Supreme Court late Wednesday that the administration is ordering the nation’s schools to disregard memos former President Barack Obama’s administration issued during the past two years regarding transgender student rights. Those memos said that prohibiting transgender students from using facilities that align with their gender identity violates federal anti-discrimination laws.
Washington — The Trump administration on Wednesday ended federal protection for transgender students that required schools to allow them to use bathrooms and locker rooms matching their gender identities, stepping into an emotional national issue.
The administration came down on the side of states’ rights, lifting federal guidelines that had been issued by the Obama 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 identity and not just their biological sex.
“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 to “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 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, as a federal judge in Texas put a temporary hold on the Obama guidance soon after it was issued — after 13 states sued.
“This is an issue best solved at the state and local level. Schools, communities, and families can find — and in many cases have found — solutions that protect all students.” EDUCATION SECRETARY BETSY DEVOS