Rachel Kurzius
Photo by Sara D. Davis/Getty Images.
The Departments of Justice and Education are issuing guidance that directs public schools to allow transgender students to use the bathrooms that align with their gender identity.
This comes after dueling lawsuits from North Carolina and the Department of Justice over HB2, a law that in part prevents transgender people from using public bathrooms that do not match the gender on their birth certificates. Attorney General Loretta Lynch called the law “state-sponsored discrimination against transgender individuals.”
While the guidance is not law, there is one way for the administration to compel adherence: schools who discriminate against a transgender student could lose federal funding.
“This guidance further clarifies what we’ve said repeatedly—that gender identity is protected under Title IX,” said Secretary of Education John B. King Jr. “Educators want to do the right thing for students, and many have reached out to us for guidance on how to follow the law.”
The schools must also respond to sex-based harassment from other students, allow students to participate in sex-segregated activities consistent with their gender identity, and protect students’ privacy related to their transgender status. Schools also can’t require that transgender students get a medical diagnosis, treatment, or provide documentation to be treated consistent with their gender identity.
“Every child deserves to attend school in a safe, supportive environment that allows them to thrive and grow,” said Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Our guidance sends a clear message to transgender students across the country: here in America, you are safe, you are protected and you belong—just as you are.”
