Trump Rescinds Obama-Era Guidance On Transgender Students
- By
- Carlos Santoscoy
- | February 23, 2017
The Trump administration on Wednesday rescinded Obama-era guidance on transgender students.
President Donald Trump reportedly approved the plan to revoke guidance issued last year by the Department of Education. The guidance, backed by the Department of Justice, protected transgender students' right to use the bathroom and locker room of their choice.
The Obama administration interpreted Title IX rules, which prohibit discrimination based on sex, to include gender identity.
White House Press Secretary Sean Spicer hinted on Tuesday about the reversal.
“The president has maintained for a long time that this is a states' rights issue and not one for the federal government,” Spicer told reporters. “So while we have further guidance coming out on this, I think that all you have to do is look at what the president’s view has been for a long time, that this is not something the federal government should be involved in, that this is a states’ rights issue.”
Thirteen states led by Texas had challenged the guidance, resulting in a nationwide injunction blocking its enforcement.
“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 Texas Attorney General Ken Paxton, a Republican.
The Supreme Court next month is scheduled to hear a case involving a transgender teen from Virginia who is seeking the right to use the bathroom of his choice at his public school. The Obama administration had weighed in on the case, arguing Title IX protection. Since much of he case rested on the administration's argument, it's not clear how the high court will react.
James Esseks, director of the American Civil Liberties Union's (ACLU) LGBT Project, said in a statement that the move “shows that the president's promise to protect LGBT rights was just empty rhetoric.”