Trump Moves to Block Transgender Rights

The Trump administration has withdrawn the Obama administration’s directive to the Education and Justice Departments that protected rights of transgender individuals.  Specifically, the directives had provided guidance that transgender individuals be permitted to use the bathroom that aligned with their gender identity. 

In what may have been a surprise to many, Secretary DeVos opposed the rollback, but Attorney General Sessions, who favored the rollback, had the President’s backing.  DeVos ultimately relented but with the concession that schools be instructed to respond and prevent bullying of transgender students. 

The order is precursor to the government’s position in the Gloucester County School Board case scheduled to be heard by SCOTUS on March 28. The hearing had been twice postponed, presumably with Justice Roberts hoping that Trump’s nominee would be present for argument. 

In a letter sent yesterday to the Supreme Court, the Deputy Solictor General has informed the court that the prior guidance has been withdrawn and the government will rely solely on the legal issues (Title IX) presented by the case.