Trump Administration Reverses Obama-Era Policy On Transgender Students

The Trump administration reversed Obama-era guidelines for schools regarding transgender students' rights Wednesday night, releasing a memo explaining that the issue will be left up to the states. (For more information on this and other political stories, subscribe to the White House Patch for daily newsletters and breaking news alerts.)

In the memo from the Department of Justice and the Department of Education, the administration officially withdrew the previously issued guidelines, which held that discrimination against transgender students violated Title IX because it treats students differently "on the basis of sex."

These guidelines, now withdrawn, meant that trans students would be allowed to use the bathroom that matched their gender identity.

"The Departments believe, in this context, there must be due regard for the states and local school districts in establishing education policy," the memo reads. The previously guidelines gave "rise to significant litigation regarding school restrooms and locker rooms."

After an initial court challenge in Texas, the initial guidelines had been suspended. They had not yet been reinstated before they were formally withdrawn.

The memo continues: "Please note that this withdrawal of these guidance documents does not leave students without protections from discrimination, bullying or harassment. All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment."

Press Secretary Sean Spicer said Wednesday afternoon that since the campaign, Trump has seen the issue as a states rights issue and not one for the federal government.

According to the New York Times, multiple sources confirmed that the issue split Attorney General Jeff Sessions and Education Secretary Betsy DeVos.

DeVos argued against reversing the Obama-era rules, while Sessions insisted that states should decide the issue.

Despite campaign statements that indicated he favored allowing transgender people to use the bathroom of their choice, the Times reports that Trump was swayed by opponents of President Obama's policy. DeVos decided not to go against the president and reportedly helped to craft an order Wednesday reflecting the administration's decision.

At his briefing, Spicer denied there was any debate on the substance of the order between Devos and Session; that if there was any disagreement it was about the timing of the order.

Lamda Legal, an advocacy group, issued a statement after the memo was released: "Betsy DeVos became Education Secretary just one week ago. At her brief confirmation hearing she publicly committed to protecting LGBT students – this harms them," it said. "Now Attorney General Jeff Sessions and Secretary DeVos give us sickening echoes of the racially segregated schools era by claiming that enforcement of this federal civil rights law is a ‘states’ rights issue.’"

The American Federation of Teachers also sent out a statement condemning the withdrawal of the policy.

“LGBTQ kids face a disproportionate amount of bullying and violence at school, leading to increased levels of fear, anxiety or worse," it said. "Transgender students, like their peers, want to live and learn, laugh and love. They deserve the opportunity to do that without worrying whether the attorney general, secretary of education or president of the United States will protect them."

It continued: "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. We want to be clear to those kids: It is not OK with your teachers or with us at the AFT, and we will continue fighting to protect you."

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