In 2016, President Obama’s Departments of Justice and Education issued guidelines advising public schools to allow transgender students to use the restroom that corresponds with their gender identity. This guidance showed the transgender community that the Obama administration recognized their rights and concerns. However, the guidance issued by the Obama administration did not create any law or amendment. It was merely an interpretation of the Title IX civil rights law that prohibits discrimination in schools based on one’s sex.

On February 22, 2017, the Trump administration rescinded the guidance allowing transgender students to use the restroom that corresponds with their gender identity. However, does not mean that a federal law has been revoked. However, it does show the public that the Trump administration has an interpretation of Title IX that differs from the Obama administration’s.

Title IX is a federal law that was implemented in conjunction with the Education Amendment Acts of 1972. Title IX clearly states that “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.”

When the Obama administration’s guidance was issued in 2016, it extended the protection against discrimination based on sex to include sexual identity. The guidance encouraged public schools to protect the rights of transgender students.  Despite the fact that the guidance did not directly change the law, it created a social trend towards protecting the rights of transgender students across the country.

By rescinding the guidance issued by the Obama administration, it shows school districts across the country that through their interpretation of Title IX, they have the jurisdiction to force transgender students to use the bathroom that corresponds with the gender they were assigned at birth, leaving transgender students subject to ridicule and humiliation by their school and peers.

The Trump administration’s removal of the Obama administration’s guidance has started a national discussion regarding the interpretation of Title IX.

In Gloucester County, Virginia, Gavin Grimm is suing his high school district for discrimination, after he was denied the right to use the male bathroom. His county school district feels they have the jurisdiction to deny Gavin the right to use the male bathroom because Title IX protects women against discrimination in the classroom as opposed to gender identity. Gavin’s case will be heard by the Supreme Court later in March.

If the Trump administration wants show United States citizens they recognize and care about transgender issues, they should reissue the Obama administrations guidance. The guidance shows the transgender community that the federal government is in favor of protecting their rights.