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Trump team to change transgender policy

Trump team to change transgender policy

The move by the White House comes in the wake of a motion filed by the Trump administration February 10 with the 5th U.S. Circuit Court of Appeals effectively keeping in place a nationwide injunction that blocked Obama's transgender bathroom "guidance" until the Supreme Court addresses the issue in March.

The Trump administration would be rescinding the guidance weeks after the White House issued a statement declaring Trump is "respectful and supportive of LGBTQ rights" and would preserve a separate order from President Obama barring anti-LGBT workplace discrimination among federal contractors.

But Vanita Gupta, who led the Justice Department's Civil Rights Division under Obama, said the guidelines or their revocation are trumped by federal law prohibiting discrimination against students based on gender or sexual orientation.

According to copies of the draft obtained by both the Times and the Post, the guidance explains that because of legal challenges brought against the Obama-era guidance by several states, the departments "have made a decision to withdraw and rescind the above-referenced guidance documents in order to further consider the legal issues involved".

Spicer said Wednesday to expect "further guidance" later in the day on transgender student bathroom use in public schools.

The draft document from the Trump administration would nix Obama's interpretation of "gender identity" that his administration read into the 1972 Title IX nondiscrimination legislation that governs school funding.

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About 150,000 youth - 0.7 percent- between the ages of 13 and 17 in the United States identify as transgender, according to a study by The Williams Institute at the UCLA School of Law.

Federal courts had already blocked enforcement of the guidance. "DeVos agrees with me and so many people across the country that rolling back this guidance on protecting transgender students would be absolutely wrong and should not be done", Murray said in a statement.

The rollback of Obama's policy, the White House maintains, "does not diminish the protections from bullying and harassment that are available to all students". In April 2016, Trump had criticized a North Carolina bathroom law that had prohibited transgender people from using bathrooms that did not correspond with the gender on their birth certificate.

"By rescinding these protections, the Trump administration is compromising the safety and security of some of our most vulnerable children", American Federation of Teachers President Randi Weingarten said. "The federal government should not be involved".

Trump has in the past said that he thinks states should be able to decide their own policies on trans bathroom issues. Texas Lt. Governor Dan Patrick, who represents one of those states equated the order to "blackmail" and said Texas was ready to forfeit federal education money rather than comply with the guidance. Every transgender student should know that, no matter what Donald Trump does or says, there are millions of people who will fight to stand up for them.

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