Trump revokes guidelines on transgender bathrooms

Transgender activists and supporters protest potential changes by the Trump administration in federal guidelines issued to public schools in defence of transgender student rights, near the White House in Washington. Picture: Jonathan Ernst/Reuters

Transgender activists and supporters protest potential changes by the Trump administration in federal guidelines issued to public schools in defence of transgender student rights, near the White House in Washington. Picture: Jonathan Ernst/Reuters

Published Feb 23, 2017

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Washington - President Donald Trump's administration

on Wednesday revoked landmark guidance to public schools letting

transgender students use the bathroom of their choice, reversing

a signature initiative of former Democratic President Barack

Obama.

Obama had instructed public schools last May to allow

transgender students to use the bathrooms matching their chosen

gender identity, threatening to withhold funding for schools

that did not comply. Transgender people hailed it as victory for

their civil rights.

Trump, a Republican who took office last month, rescinded

those guidelines, even though they had been put on hold by a

federal judge, arguing that states and public schools should

have the authority to make their own decisions without federal

interference.

The Justice and Education departments will continue to study

the legal issues involved, according to the new, superseding

guidance that will be sent to public schools across the country.

Reversing the Obama guidelines stands to inflame passions in

the latest conflict in America between believers in traditional

values and social progressives, and is likely to prompt more of

the street protests that followed Trump's Nov. 8 election.

A couple hundred people gathered in front of the White House

to protest the Republican president's action, waving rainbow

flags and chanting: "No hate, no fear, trans students are

welcome here." The rainbow flag is the symbol of lesbian, gay,

bisexual and transgender, or LGBT, people.

"We all know that Donald Trump is a bully, but his attack on

transgender children today is a new low," said Rachel Tiven,

chief executive of Lambda Legal, which advocates for LGBT

people.

Conservatives such as Texas Attorney General Ken Paxton, who

spearheaded the lawsuit challenging the Obama guidance, hailed

the Trump administration action.

"Our fight over the bathroom directive has always been about

former President Obama's attempt to bypass Congress and rewrite

the laws to fit his political agenda for radical social change,"

said Paxton, a Republican.

Transgender legal advocates have criticized the "states'

rights" argument, saying federal law and civil rights are

matters for the federal government to enforce, not the states.

White House spokesman Sean Spicer said the administration

was pressed to act now because of the pending US Supreme Court

case, G.G. versus Gloucester County School Board.

That case pits a Virginia transgender boy, Gavin Grimm,

against officials who want to deny him use of the boys' room at

his high school.

Although the Justice Department is not a party in the case,

it typically would want to make its views heard. The Trump

administration action on Wednesday also withdrew an Education

Department letter in support of Grimm's case.

"I've faced my share of adversaries in rural Virginia. I

never imagined that my government would be one of them. We will

not be beaten down by this administration," Grimm, 17, told the

protest outside the White House.

The federal law in question, known as Title IX, bans sex

discrimination in education. But it remains unsettled whether

Title IX protections extend to a person's gender identity.

Attorney General Jeff Sessions said in a statement that the

Obama guidelines "did not contain sufficient legal analysis or

explain how the interpretation was consistent with the language

of Title IX".

The courts are likely to have the final say over whether

Title IX covers transgender students. The Supreme Court could

pass on that question in the Virginia case and allow lower

courts to weigh in, or go ahead and decide what the law means.

Obama's Education Department undertook the guidance in

response to queries from school districts across the country

about how to accommodate transgender students in

gender-segregated bathrooms.

The Obama administration guidance also covered a host of

other issues, such as the importance of addressing transgender

students by their preferred names and pronouns and schools'

responsibility to prevent harassment and bullying of transgender

children.

Thirteen states led by Texas sued to stop the Obama

guidelines, and a US district judge in Texas temporarily

halted their full implementation.

The White House previously boasted of Trump's support for

LGBT rights, noting in a January 31 statement that he was the first

Republican presidential nominee to mention the community in his

nomination acceptance speech.

"Revoking the guidance shows that the president's promise to

protect LGBT rights was just empty rhetoric," James Esseks,

director of the American Civil Liberties Union's LGBT project,

said in a statement.

Reuters

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