HARRISBURG, Pa. -- President Donald Trump's decision to change a Title IX interpretation involving which bathrooms transgender students can use in public schools leaves future decisions in the hands of states and school districts.
The Trump administration said Wednesday the previous federal guidelines, put in place by President Barack Obama in May 2016, were too confusing. That directive enabled transgender students at public schools to use the bathroom or locker room of the sex of which they identify with.
"Our kids' personal privacy is at stake and its a good thing that the Trump administration is changing course," said Randall Wenger, chief counsel for the Pennsylvania Family Institute.
Many conservatives disagreed with the Obama interpretation of Title IX, the 1972 law which prevents schools from discriminating against students. Before Trump's decision to revoke those guidelines, it was thought Title IX would protect transgender students from being discriminated against which bathroom they can use.
However, under its new interpretation, Trump supporters believe Title IX is protecting a student's right to personal privacy.
"Sex matters in the context of personal facilities which is why Title IX itself gives room for schools to protect," Wenger said. "Our right not to be seen by someone of the opposite sex in a state of undress or partial undress is a right of constitutional proportion."
How the new interpretation will impact Pennsylvania schools is still up for debate. Wenger, for example, believes a school district's new freedom away from federal mandates will allow them to make concrete policy out of fear from potential law suits from students who feel their personal privacy has been violated.
In Pennsylvania, it's rare for a public school district to have policies protecting transgender students. Only 15 exist, out of 500 in the state, according to the Pennsylvania Youth Congress, including East Pennsboro, Lancaster, and Fairfield in Central Pennsylvania.
Louie Marven, executive director of the LGBT Center of Central Pennsylvania, believes the Trump administration decision could lead to more cases of bullying against what he calls, an already marginalized community.
"It basically says that the Department of Ed(ucation) and the Department of Justice and the federal government doesn't have your back if you're a transgender person," Marven said.
He says, and expects, Title IX to continue to be interpreted in the court system as President Obama has, with equal protection for LGBT students.
"I think people forget this is not just a civil rights issue but a public health issue," Marven said, adding he has seen instances of students going through a school day not drinking any water to avoid using the restroom.
Conversely, Wenger said he knows of male students who came forward in their schools after transgender students were changing in the locker room. When he went to the principal, Wenger said, the boy was told he had to deal with it.
"Even if their motives being in there are fine," Wenger said, "the other students are losing their right to personal privacy."
UPDATE
FOX43 reached out to Governor Wolf's office for a statement on the Trump administration's decision. Press secretary J.J. Abbott responded:
"Governor Wolf is committed to making sure Pennsylvania remains a place where everyone, including the LGBTQ community, feels welcome. Most especially, kids should be able to go to school without fear of harassment and bullying for simply being who they are. We are reviewing the federal government's action to determine whether it has any immediate impact on Pennsylvania schools and what steps may be necessary to protect the rights of Pennsylvania children in their schools."