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Trump revokes Obama guidelines on transgender bathrooms

Transgender activists and supporters protest potential changes by the Trump administration

(PHOTO: REUTERS)


Transgender activists and supporters protest potential changes by the Trump administration

(PHOTO: REUTERS)

WASHINGTON: 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 U.S. 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.

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“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.

COURTS MAY HAVE FINAL SAY

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.

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Thirteen states led by Texas sued to stop the Obama guidelines, and a U.S. district judge in Texas temporarily halted their full implementation.

The White House previously boasted of Trump’s support for LGBT rights, noting in a Jan. 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.

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