WASHINGTON, D.C. (WordNews.org) Feb. 23, 2017 – President Donald Trump revoked former President Barack Obama’s directive that sought to a impose sweeping guidelines to all states, allowing students to use bathrooms, locker rooms and sleeping quarters on overnight trips according to their “gender identity” rather than their biological sex.
The directive had Christians and others upset because of concerns that boys would be permitted to use girls locker rooms and rest rooms, among other things. [To read Obama’s directive, click here].
The Trump Administration rescinded that policy Wednesday evening, sending the power back to the states to decide.
Liberty Counsel said Trump’s decision to rescind Obama directive could have an impact on pending court cases, including Lafferty v. Fairfax, where Liberty Counsel will be arguing before the Virginia Supreme Court next week involving a “transgender” teen who was denied bathroom access.
Texas Federal Judge Reed O’Connor blocked the Obama directive nationwide and denied requests from two federal executive branch departments to lift the ban on the Obama administration policy.
Connor wrote that the federal statutes prohibiting discrimination on the basis of “sex” – the scope and meaning of which the federal government agencies claim now includes gender identity – were declared decades ago.
The administration’s decision is detailed in a joint letter from the Departments of Education and Justice which read in part:
“These guidance documents do not, however, contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal process… In addition, the Departments believe that, in this context, there must be due regard for the primary role of the States and local school districts in establishing educational policy.
“In these circumstances, the Department of Education and the Department of Justice have decided to withdraw and rescind the above-referenced guidance documents in order to further and more completely consider the legal issues involved. The Departments thus will not rely on the views expressed within them.”
The bathroom directive issued by the Obama Administration threatened schools with a revocation of Title IX federal funds if they did not force students into sharing the most intimate facilities with the opposite sex. Privacy for All has maintained that policies that limit bathroom and locker room use to in accordance with your biological sex, do not violate Title IX.
With the Trump Administration rescinding these guidelines, states are now free to assess how this issue directly affects their communities and schools, and find a solution moving forward. Privacy for All maintains that addressing this issue, in any community, should never include mixing the biological sexes in intimate facilities.
“We applaud the Trump Administration for the recognition of the unlawful set of guidelines, and their swift action to correct this matter,” England said.