DOJ withdraws federal protections on transgender bathrooms in schools

The Trump administration on Wednesday night withdrew Obama-era guidance on transgender bathroom use in public schools. Last May, under the Obama administration, the departments of Justice and Education told public school districts and colleges that receive federal funding that it interprets “sex discrimination” under Title IX, a federal law that bans sex discrimination in schools, to include claims based on gender identity. In a two-page “Dear Colleague” letter to public schools, the Trump administration said the existing guidance did not “contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process.” The letter — which does not offer new guidance but simply withdraws the Obama administration policy — says there must be “due regard” for the role of states and local school districts in shaping education policy in schools.