Trump Administration Rescinds Obama-era Transgender Bathroom Use Rules

Already subject to an injunction and ongoing litigation, the joint rule by the Obama Department of Justice (DOJ) and Department of Education (DOE) mandating free bathroom choice at public schools was rescinded today by the administration of President Donald Trump. The rule would have allowed students to choose their bathroom based on self-proclaimed gender identity. The Trump DOJ and DOE ordered the earlier rules rescinded because they didn’t “contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any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 departments added that former President Barack Obama’s rules had set off “significant litigation,” in particular as courts differed over the definition of the term “sex.” The letter also emphasized the agencies’ preference that states and local school districts be given a “primary role” in setting education policy. At a news conference, White House Press Secretary Sean Spicer explained: “The president has made it clear throughout the campaign that he is a firm believer in states’ rights and that certain issues like this are not best dealt with at the federal level.”