Thursday, February 23, 2017

 BY Maria Danilova and Sadie Gurman
republished below in full unedited for informational, educational, and research purposes:
 WASHINGTON (AP) — The Trump administration on Wednesday ended federal 
protection for transgender students that required schools to allow them 
to use bathrooms and locker rooms matching their gender identities, 
stepping into an emotional national issue.

The administration came down on the side of states’ rights, lifting 
federal guidelines that had been issued by the Obama administration. 
Without the Obama directive, it will be up to states and school 
districts to interpret federal anti-discrimination law and determine 
whether students should have access to restrooms in accordance with 
their expressed gender identity and not just their biological sex.

“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.”

The Obama guidance did not sufficiently explain how federal sex 
discrimination law known as Title IX also applies to gender identity, 
Attorney General Jeff Sessions said in a statement.

“Congress, state legislatures and local governments are in a position to
 adopt appropriate policies or laws addressing this issue,” Sessions 

In a letter to the nation’s schools, the Justice and Education 
departments said the earlier guidance “has given rise to significant 
litigation regarding school restrooms and locker rooms.”

The agencies withdrew the guidance to “in order to further and more completely 
consider the legal issues involved.”

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 

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.

White House spokesman Sean Spicer said President Donald Trump “has made 
it clear throughout the campaign that he is a firm believer in states’ 
rights and that certain issues like this are not best dealt with at the 
federal level.”

Conservative activists 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.”

However, 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.

Still, they say lifting the Obama directive puts children in harm’s way.

“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.

Spicer denied media reports that DeVos, who has been criticized for her 
stance on LGBT issues, had opposed the change but was overruled by 
Sessions. Spicer said any disagreement was merely over wording and 

“There is no daylight between anybody,” Spicer said, adding that DeVos was 
“100 percent” on board with the decision.

The Obama administration’s guidance was based on its determination that 
Title IX, the federal law prohibiting sex discrimination in education, 
also applies to gender identity.

While not legally binding, the guidance sent a warning that schools could lose 
funding if they did not comply.

Republicans pushed back, arguing that the federal effort was an example 
of Obama administration meddling in state and local matters. Texas Lt. 
Gov. Dan Patrick equated it to blackmail and said his state was ready to
 forfeit federal education money rather than comply.

Legal experts said the change in position could impact pending court 
cases involving the federal sex discrimination law, including a case to 
be heard by the Supreme Court in March involving Gavin Grimm, a 
transgender teen who was denied bathroom access in Virginia.

The justices could decide not to hear the case and direct lower courts to decide 
that issue.

In a phone interview with the AP, Grimm said of the Trump action: “It’s 
not positive. It has the possibility of hurting transgender students and
 transgender people. We’re going to keep fighting like we have been and 
keep fighting for the right thing.”

A patchwork of state laws could continue to emerge as a result of the 
change. Fifteen states have explicit protections for transgender 
students in their state laws, and many individual school districts in 
other states have adopted policies that cover such students on the basis
 of their gender identity, said Sarah Warbelow, legal director of the 
Human Rights Campaign. Just one state, North Carolina, has enacted a law
 restricting access to bathrooms in government-owned buildings to the 
sex that appears on a person’s birth certificate. Lawmakers in more than
 10 states are considering similar legislation, according to the 
National Conference of State Legislatures.