The Justice Department Just Withdrew A Promising Trans Rights Request

The Justice Department Just Withdrew A Promising Trans Rights Request

The Justice Department Just Withdrew A Promising Trans Rights Request

Texas and 12 other states filed the lawsuit past year challenging the former president's guidance, which directed public schools to allow transgender students to use bathrooms and locker rooms consistent with their gender identity.

A federal judge in Texas issued a nationwide injunction last year, placing that guidance on hold by last year while considers a multi-state legal challenge brought by state leaders who called the rules federal overreach that threatens the privacy rights of students.

The motion the Justice Department asked to withdraw on Friday requested that US District Judge Reed O'Connor's temporary injunction be scaled back to only the 13 states that sued former President Barack Obama's directive. "The parties jointly move to remove from the court's calendar the February 14, 2017 oral argument now scheduled for that motion", it reads.

The withdrawal will not immediately affect trans students, but it does signal Trump's Justice Department's stance on transgender rights going forward.

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In a move that will surprise few and depress many, Attorney General Jeff Sessions kicked off his tenure by declining to defend the rights of transgender students to safely attend public schools. "Equality California will use every measure at its disposal to ensure that federal nondiscrimination protections remain safe from attack and that all students are equally protected by the U.S. Constitution".

The argument, advanced by the Equal Employment Opportunity Commission and later by the Justice Department and other federal agencies, is that existing civil rights law bans on sex discrimination should be read to include a ban on anti-transgender discrimination because it is a type of sex discrimination.

"While the immediate impact of this initial legal maneuver is limited, it is a frightening sign that the Trump administration is ready to discard its obligation to protect all students", stated Keisling.

LGBTQ groups have expressed concern over the new administration, especially since they viewed the Obama administration as fierce advocates for gay and transgender rights.

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The election of President Donald Trump in November made many people anxious about their future, particularly when his platform appeared to be focused on rolling backwards rather than moving forwards. A hearing on the request was set for Tuesday, but the Friday court filing asked that the hearing be cancelled.

The decision could have an impact on Gavin Grimm v. Gloucester County School Board, an important case up before the U.S. Supreme Court. Though the Justice Department sued the state, there hasn't been much progress since: Texas is talking about enacting similar restrictions, and a repeal of North Carolina's legislation failed.

The Trump administration brief is consistent with a campaign promise from President Trump, who said in an interview with The Washington Post he'd rescind the Obama-era guidance prohibiting discrimination against transgender students, but "protect everybody". The request was granted by the Fifth Circuit.

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