On Wednesday night, the Trump administration rescinded the 2016 Obama administration order which directed public schools to allow transgender students to use bathrooms matching their gender identity.
In a letter sent to public school’s on Wednesday, The Justice and Education departments said the Obama administration’s guidance which cited Title IX, did not explain how it was consistent with the law and that the directive caused confusion and lawsuits over its enforcement, according to ABC News.
Title IX is a federal law put in place under the Education Amendments Act of 1972.
Title IX states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
The letter added that anti-bullying safeguards would not be affected.
“All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment,” stated in the letter.
The letter also offered an alternative solution suggesting that states should take a “primary role” in establishing policy.
A spokesperson for the Department of Education said “the civil rights; Title IX prohibits discrimination by sex, not gender identity.”
The White House commented on the controversial reversal by saying:
“As President Trump has clearly stated, he believes policy regarding transgender bathrooms should be decided at a state level, and that Wednesday’s letter paves the way for an open and inclusive process to place at the local level with input from parents, students, teachers, and administrators.”