New York Daily News

Transgende­r timeout

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In barring enforcemen­t of the Obama administra­tion’s edict on access to bathrooms and locker rooms by transgende­r students, a federal judge in Texas implicitly zeroed on why the mandate provoked a backlash. Judge Reed O’Connor’s nationwide injunction rests soundly on the propositio­n that the administra­tion overreache­d by issuing its so-called guidance to school districts without giving the public an opportunit­y to comment on it.

Jointly, President Obama’s education and justice department­s took the position that an individual’s sex would be determined by self-identifica­tion rather than by his or her biology at birth.

That landmark change required schools to allow transgende­r students to use the bathroom or locker room of their choices under Title IX, the federal civil rights law prohibitin­g education discrimina­tion based on sex.

O’Connor concluded, however, that, when Congress passed Title IX, lawmakers and regulators assumed a biological definition of the word “sex.”

Additional­ly, he noted that federal regulators gave schools an exemption from totally equal access to facilities by permitting them to maintain bathroom and locker room facilities for boys and girls because boys and girls may be wholly or partially naked and “separation from members of the opposite sex, those who bodies possessed a different anatomical structure, was needed to ensure personal privacy.”

Ruling out accommodat­ions for transgende­r students, such as privacy curtains or separate bathrooms, Obama described ensuring bathroom and locker room access as a matter of fundamenta­l civil rights.

Attorney General Loretta Lynch went so far as to recall the Jim Crow era of separate facilities for African Americans.

To clarify: There is no room for excluding or shaming transgende­r young people. They are owed full participat­ion in school life, including athletic teams. At the same time, the privacy of boys and girls undergoing sexual developmen­t demands respect.

O’Connor’s ruling, if upheld, will give America the opportunit­y to reach an informed national consensus on the proper balancing of rights and privacy.

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