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Trump administration overturns protections for transgender students in school bathroom debate

Conservative activists hailed the change, saying the Obama directives were illegal and violated the rights of fixed-gender students, especially girls who did not feel safe changing clothes or using restrooms next to anatomical males

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Transgender activists and supporters protest potential changes by the Trump administration in federal guidelines issued to public schools in defence of transgender student rights, near the White House in Washington on Wednesday. Photo: Reuters

The Trump administration on Wednesday ended federal protections for transgender students that instructed schools to allow them to use bathrooms and locker rooms matching their gender identities, not just their biological sex.

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Stepping into an emotional national debate, the administration came down on the side of states’ rights, lifting federal guidelines that had been issued by the Obama administration and characterised by Republicans as a legal overreach.

Without the Obama directive, it will be up to states and school districts to interpret federal anti-discrimination law and determine whether students should have access to restrooms in accordance with their expressed gender identity.

“This is an issue best solved at the state and local level,” Education Secretary Betsy DeVos said. “Schools, communities and families can find – and in many cases have found – solutions that protect all students.”
A sign protesting a North Carolina law restricting transgender bathroom access adorns the bathroom stalls at the 21C Museum Hotel in Durham, North Carolina. Photo: Reuters
A sign protesting a North Carolina law restricting transgender bathroom access adorns the bathroom stalls at the 21C Museum Hotel in Durham, North Carolina. Photo: Reuters

In a letter to the nation’s schools, the Justice and Education departments said the earlier guidance “has given rise to significant litigation regarding school restrooms and locker rooms”.

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The agencies withdrew the guidance to “in order to further and more completely consider the legal issues involved.”

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