March 29, 2017

Trump Will Issue New Guidelines on Treatment of Transgender Students

23 February 2017, 12:54 | Clarence Schmidt

Trump Education Secretary 'set to dismantle' protections for transgender children

Smiling college students in cafeteria

Children figuring out their gender identity need to be supported, not shamed.

White House Press Secretary said after the election, however, that Mr Trump believes protections should be determined at a state level.

On Feb. 22, a draft document of the Trump's administration's new guidance on transgender student rights was obtained by reporters.

There are a variety of state laws and policies in place. While North Carolina is the only state to have enacted a law requiring students to use the bathroom that matches the sex on their birth certificate, lawmakers in more than 10 states are considering similar legislation this year, according to the National Conference of State Legislators.

A federal judge in Texas put a temporary hold on the Obama-guidance in August after 13 states sued the administration over the requirements.

"Some courts might say the fact that they go back and forth on this every time the administration changes, maybe we shouldn't defer to it, maybe we should just decide for ourselves", said Arthur Leonard, a professor at New York Law School who has studied LGBT legal history. "This a states' rights issue". "I think there's been some discussion between the timing of the issuance and recommendations or between the exact wording", Spicer added.

"There have been very few complaints the way it is", Trump said in an April interview with Fox News host Sean Hannity.

The Trump Administration plans to move shortly to abandon the federal government's policy of defending equal rights for transgender students, but the switch may not prevent the Supreme Court from ruling on the issue in its current term.

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Trump was considered the most pro-LGBT Republican candidate in the 2016 election - a distinction touted by his team as recently as this month.

The Supreme Court next month will hear a discrimination case, brought by Gavin Grimm, a transgender Virginia teen who sued his school district after it denied him access to the boys' restroom.

The Times reports that the Trump administration is rehashing Obama's order due to ongoing litigation and some uncertainty over the directives Obama laid out.

"Right now that's an issue that the department of justice and department of education are addressing".

Other critics argued the measure was clear government overreach and raised concerns about the bill being a threat to women's and children's safety in public restrooms.

The Obama administration's guidance was based on its determination that Title IX, the federal law prohibiting sex discrimination in education and activities, also applies to gender identity.

However, the school guidance last May became particularly contentious, raising objections that it would allow male students into female facilities and that it exceeded the president's authority.

"Let's make this deal: I will challenge all on how and why we've done things a certain way, but I will listen to each of you on your ideas for how we can do better for students", DeVos said to members of the federal education department on her first day on the job.

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