One Response to Trump to Eviscerate Obama Transgender Bathroom Rule

Trans students worry they're still a top target of President Trump's Education Department

President Donald Trump's administration will revoke federal guidelines that tell public schools to let transgender students use bathrooms and locker rooms matching their chosen gender identity, the White House said Wednesday.

The Washington Blade reports the Justice and Education Departments are sending a "Dear Colleague" letter to schools today that will undo an order issued by President Obama.

Ms. DeVos initially resisted signing off on the order and told President Trump that she was uncomfortable with it, according to three Republicans with direct knowledge of the internal discussions. The order must come from the Justice and Education Departments.

Spicer said Tuesday that the president considered transgender rights to be "a states' rights issue and not one for the federal government".

Spicer announced that there would be "further guidance" coming soon on the issue from the administration. "When you look at the guidance that was issued under the Obama administration, first of all, let's do not forget to the best of my knowledge, that was stalled, never fully implemented, and I think there were various reasons for that - several legal reasons and several procedural reasons".

The Department of Education separately issued a best-practices guide that included examples from school districts that had already implemented specific policies on transgender students. Now fifteen states have protections for transgender students.

Now, the Trump administration is rescinding that guidance.

Earlier this month, just one day after Jeff Sessions was sworn as Trump's attorney general, the U.S. Department of Justice sought permission to delay a hearing on a motion - filed a year ago - asking federal district judge Reed O'Connor to ease a preliminary injunction striking down Obama's guidance on bathroom and shower use in public schools.

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Under Obama, thousands of public schools throughout the country were required to grant transgender students access to bathrooms of their choosing, even if was not the same gender as on the students' school records.

Following that action, a group of concerned parents of transgender children signed a letter pleading with the Trump administration to keep the Obama-era guidance on transgender students intact.

The issue sparked protests in some school districts and opposition by conservative local officials, particularly in cases where it allowed transgender girls - those identified as male at birth but later chose to live as females - to use girls' restrooms. "Where you might be hearing something is more on the timing and the wording of stuff", he said.

The first draft, however, emphasizes that schools are still responsible for creating a safe environment for trans students - though apparently that doesn't include allowing them to use a bathroom in which they feel safe.

The draft document from the Trump administration would nix Obama's interpretation of "gender identity" that his administration read into the 1972 Title IX nondiscrimination legislation that governs school funding.

President Trump's letter rules that schools must protect all students and the withdrawal does not remove the protections from bullying and harassment that exist for all students.

Trump's own views on the transgender bathroom issue have been rather inconsistent.

"The Title IX guidance, widely hailed by educational and child health experts, made clear that transgender students are protected from discrimination and must be treated according to their gender identities", Mara Keisling, executive director of the National Center for Transgender Equality, said in a statement.

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