(HEADLINE HEALTH) Donald Trump’s US Department of Educationhas announced that it will NOT investigate complaints from “transgender” students forced to use the bathroom corresponding to their true gender, NBC News reported Tuesday. Details below …
(Arutz Sheva) In May 2016, then-US President Barack Obama ordered US public schools to allow transgender students to use bathrooms and locker rooms corresponding to their preferred gender identity.
The order was claimed to be in keeping with the 1972 Education Amendments’ Title IX prohibiting “sex discrimination” in education.
US President Donald Trump revoked that order in February last year.
However, on Tuesday Education Department spokeswoman Elizabeth Hill explained that “Title IX prohibits discrimination on the basis of sex, not gender identity.”
“Therefore the question is whether a student (regardless of gender identity) has been discriminated against on the basis of sex.
“Where students, including transgender students, are penalized or harassed for failing to conform to sex-based stereotypes, that is sex discrimination prohibited by Title IX.
“Separating facilities on the basis of sex is not a form of discrimination …”
“In the case of bathrooms, however, longstanding regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
She also emphasized that the Department of Education’s Office for Civil Rights will continue to use “current law and current regulation” in determining if any child is being “harassed or discriminated against due to race, sex, or disability” in school.
Both Education Secretary Betsy DeVos and the Department of Education “believe strongly that all students are to be protected from harassment and bullying and have the opportunity to learn in a safe and nurturing environment.”
Meanwhile, Hill added, “The secretary would contend that it is the job of Congress or the courts, not the bureaucracy, to determine whether or not the term ‘sex’ under Title IX encompasses ‘gender identity.’”
Los Angeles LGBT Center Director of Policy Dave Garcia insisted that, “Forcing students to use restrooms that do not align with their gender identities is clear discrimination.
The US Court of Appeals for the Sixth and Seventh Circuits have already ruled to confirm the inclusion of transgender students in Title IX protections.”
A Seventh Circuit panel of 3 judges said last May that requiring a student to use the bathroom corresponding to their biological gender instead of chosen gender identity “punishes that individual for his or her gender non-conformance, which in turn violates Title XI.”
The law allowing transgender students, whether before or after transition, to use the bathrooms corresponding to their chosen gender did not provide limits to ensure those utilizing the law are truly transgender.
As a result, several biological girls were harassed in locker rooms by biological boys claiming to be girls, but who exhibited all the characteristics of typical boys.
Parents who complained to the schools were told that the schools could not do anything, since the Obama-era law prevented them from removing the offending boy from the girls’ locker room.
Other students were uncomfortable changing in front of individuals of the opposite gender, and claimed their rights to privacy were trampled on.
Republished with permission from Arutz Sheva via iCopyright license.