Transgender protections rolled back
Public schools no longer must allow students to use the bathrooms and locker rooms that align with their gender identity.
The Trump administration Wednesday ended federal protection for transgender students that requiredschoolstoallowthem to use restrooms 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 in response to a lawsuit filed by 13 states soon after it was issued.
Even without that hold, the guidance carried no force of law. But transgender rights advocates said it was necessary to protect students from discrimination. Opponents argued it was federal overreach and violated the safety and privacy of other students.
White House spokesman Sean Spicer said President Donald 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.”
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 based on their gender or sexual orientation.
Still, they 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.
Activists protested the move Wednesday outside the White House. “Respect existence or expect resistance,” read one placard.
The Obama administration’s guidance was based on its determination that Title IX also applies to gender identity.
While not legally binding, the guidance sent a warning that schools could lose funding if they did not comply.
Republicans pushed back, arguing that the federal effort was an example of Obama administration meddling in state and local matters. Texas Lt. Gov. Dan Patrick equated it to blackmail and said the state was ready to forfeit federal education money rather than comply.