NIXING OBAMA-ERA DIRECTIVE: WH lifts transgender bathroom guidelines

The Trump administration Wednesday revoked federal guidelines issued by former President Barack Obama that allowed public school students to use restrooms and other facilities corresponding to their gender identity.

A document submitted to the Supreme Court by the Solicitor General’s office said that the Obama-era directive issued this past May did not “undergo any formal public process” or explain how the directive was “consistent with the express language of Title IX,” the federal law outlawing sex discrimination in education and activities.

“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.”

“Congress, state legislatures, and local governments are in a position to adopt appropriate policies or laws addressing this issue,” Attorney General Jeff Sessions said in a statement. “The Department of Justice remains committed to the proper interpretation and enforcement of Title IX and to its protections for all students, including LGBTQ students, from discrimination, bullying, and harassment.”

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.

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 it was federal overreach and violated the safety and privacy of other students.

The White House said “returning power to the states paves the way for an open and inclusive process to take place at the local level with input from parents, students, teachers and administrators.”

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.

“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.

Conservatives 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.”

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