Emergency rally in front of the White House on Wednesday evening. (Photo by Ted Eytan)

Citing a need to further study the issue, the Trump administration officially rescinded guidance issued last May directing schools to allow transgender students to use whichever bathroom fits their gender identity.

The letter stating that the the Departments of Justice and Education would withdraw the guidelines does not make a determination whether gender identity is protected under Title IX, but notes that the “interpretation has given rise to significant litigation regarding school restrooms and locker rooms. “

Still, it represents a victory for opponents of the guidance, like the 11 states which sued over it, accusing the Obama administration of “foisting its new version of federal law” on schools that receive federal funding.

The guidelines, which are not law, also stated that schools must 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.

Almost all transgender students face verbal harassment in schools, and more than half were physically harassed, according to a report from GLSEN. More than two-thirds felt unsafe in school because of their gender orientation.

“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,” Vanita Gupta, the former head of the Justice Department’s Civil Rights Division, said at the time of the landmark guidelines.

It came as North Carolina and the Department of Justice fought in dueling lawsuits over a law that, among other things, prevented transgender people from using public bathrooms that didn’t align with the gender on their birth certificate. Then-Attorney General Loretta Lynch called it “state-sponsored discrimination against transgender individuals.”

Multiple reports indicate that the decision to remove the guidance was controversial within the administration. Secretary of Education Betsy DeVos disagreed with the move, while Attorney General Jeff Sessions was in favor.

Ultimately, DeVos went along, though her supporters say that she is responsible for the language in the letter that relate to school bullying. “This withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment,” the letter says. “All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment.”

Pulling back the guidance doesn’t prevent schools from allowing their students to use any particular bathroom. A number of states and local officials have already said they’ll continue to do so. D.C. law, for instance, already states that people can use whatever bathroom corresponds with their gender identity.

“Trump’s actions do not change the law itself—transgender students remain protected by Title IX of the Education Amendments of 1972—but abandoning the guidance intentionally creates confusion about what federal law requires,” Rachel Tiven, CEO of Lambda Legal, said in a statement.

One effect could be on Gavin Grimm, a Virginia student whose federal civil rights lawsuit against his school board will go before the Supreme Court. The Obama administration sided with him at a federal appeals court, something Sessions’ DOJ appears unlikely to do.

At a rally of around 200 people in front of the White House last night, Grimm said, with tears in his eyes, “No matter what happens, no one, not even the government, can defeat a community so full of life, color, diversity, and most importantly, love.”

Dear Colleague by Rachel Kurzius on Scribd