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Trump rescinds Obama’s transgender directive

The Trump administration maintains that the directive was “without due regard for the primary role of the states and local school districts in establishing educational policy.”

Photo by Paul Green

By Ken Wackes March 2017

On February 22nd, The New York Times reported:

In a joint letter, the top civil rights officials from the Justice Department and the Education Department rejected the Obama administration’s position that nondiscrimination laws require schools to allow transgender students to use the bathrooms of their choice.

The Trump administration’s position on transgenderism in schools sees the issue to be best addressed by the states.

The roll back is based, they maintain, on an improper and arbitrary directive, “without due regard for the primary role of the states and local school districts in establishing educational policy.

Key facts:

  • In May 2016, the Obama USDOE and DOJ stretched the term “sex” in Title IX to include the term “transgender”—a first step to replace the biological category of “sex” with a psycho-emotional category of “gender”.
  • In late August 2016, a federal judge in Texas issued an injunction against enacting the Obama USDOE directive.
  • Earlier in August, SCOTUS temporarily blocked a court order that had allowed a transgender boy to use the boys’ bathroom in a Virginia high school.
  • A directive from the Obama administration threatening schools with the loss of federal money for discrimination based on gender identity has been challenged in court by more than 20 states.
  • On March 28, 2017, SCOTUS will hear a case filed by the School Board of Gloucester County, VA, Gloucester County School Board v. G.G., No. 16A52. The central legal question is whether the Obama administration was within its Constitutional power under Title IX to ban discrimination based on gender identity. Title IX bans discrimination “on the basis of sex” in schools that receive federal money.

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