Calling Off Obama’s Restroom Cops Trump may soon rescind the transgender bathroom ‘guidance.’
https://www.wsj.com/articles/calling-off-obamas-restroom-cops-1487634704
As early as Tuesday, the Education Department may rescind the Obama Administration’s Title IX “guidance” on transgender restrooms. A federal judge blocked the policy last August, but that won’t mute the outcry among those who want the feds to dictate cultural norms nationwide.
Last May the Obama Administration issued a “Dear Colleague” letter asserting that a “school must treat the student consistent with the student’s gender identity” when it comes to transgender access to restrooms. School districts and colleges that didn’t comply risked being sued and losing federal funds.
Recall that in 2015 the Justice Department joined a lawsuit by Gavin Grimm, a transgender high-school student in Virginia, who wanted to use the boys’ bathroom. This contravened Gloucester County school district policy. While “students with gender identity issues” were allowed to use private bathrooms, the Obama Administration wasn’t satisfied.
A federal judge dismissed Mr. Grimm’s lawsuit but was overruled by the Fourth Circuit Court of Appeals. The Gloucester County school board appealed but the Obama Administration then issued its “Dear Colleague” letter. Thirteen states sued to block enforcement on grounds that the restroom edict stretched the law and the Administration ducked a formal rule-making. Title IX rules require that schools provide restrooms that are comparable for both sexes, but the law says nothing about gender identity.
In August federal Judge Reed O’Connor issued a nationwide injunction. He said the guidance contradicted “the existing legislative and regulatory texts” and “bypassed the notice and comment process required” by the Administrative Procedure Act.
The judge also scored the Administration for not allowing a “safe harbor in providing transgender students individual-user facilities as an alternative accommodation.” Further, the Obama DOJ has not “offered evidence that Plaintiffs are not accommodating students who request an alternative arrangement.”
Transgender students deserve respect, but restroom policy should be determined by localities, not federal diktat. Public mores are changing, and many universities provide accommodations similar to those required in the “Dear Colleague.” The guidance has been enjoined for six months, so rescinding it will do no harm and would let the Education Department focus on higher priorities than serving as national bathroom monitors. It’s worth keeping in mind that public distaste for this kind of cultural imperialism helped Donald Trump win.
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