Trump administration will lift Obama's transgender school bathroom guidelines

A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California, in this file photo taken September 30, 2014. | Reuters/Lucy Nicholson/Files

President Donald Trump's administration is expected to revoke the guidelines that allow transgender students to use school bathrooms that correspond to their gender identity.

The Departments of Justice and Education will be sending a joint letter to schools nationwide to inform them that the present administration will be revoking the guidance issued by the Obama administration, The Christian Post reported.

White House spokesman Sean Spicer has stated that Trump firmly believes that "this is a states' rights issue." He also said that the guidance, issued in August, is confusing and hard to implement.

Another official, who was not authorized to speak publicly about the plans and spoke on condition of anonymity, told The Associated Press (AP) that anti-bullying safeguards would not be affected by the change.

The Obama-era guidance claimed that preventing transgender students from using restrooms and locker rooms consistent with their gender identity is a violation of sex discrimination laws, and it warned that schools could lose funding if they did not comply.

The directive was based on the Obama administration's determination that Title IX, the federal law that prohibits sex discrimination in education, also applies to gender identity.

A federal judge in Texas temporarily put the implementation of the transgender bathroom guidelines on hold after 13 states sued. The Trump administration announced last week that it has dropped the defense of the guidelines.

The new policy would allow public schools to set their own rules without fear of losing federal funding or a lawsuit from the Justice Department, according to Reuters.

Transgender rights groups have decried the plans to lift the Obama directive, saying it would put children in harm's way.

"Reversing this guidance tells trans kids that it's OK with the Trump administration and the Department of Education for them to be abused and harassed at school for being trans," said American Federation of Teachers President Randi Weingarten, according to AP.

Conservative activists, on the other hand, commended the change, saying the directives were illegal and that they violated the rights of non-transgender students, especially girls who did not feel safe using restrooms or changing rooms next to biological males.

"Our daughters should never be forced to share private, intimate spaces with male classmates, even if those young men are struggling with these issues. It violates their right to privacy and harms their dignity," said Vicki Wilson, a member of Students and Parents for Privacy.