Obama Administration Gives Directive To Schools On Transgender Bathroom Access
WASHINGTON (CBSNewYork/AP) -- The Obama administration told public schools nationwide Friday that they must allow transgender students to use bathrooms and locker rooms consistent with their gender identity.
As CBS2's Valerie Castro reported, the directive set off a heated debate over the issue. And it represented a setback for some and a victory for others.
The directive is in formal guidance that was sent to school districts Friday by the departments of Education and Justice.
"There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex," Attorney General Loretta Lynch said in a statement. "This guidance gives administrators, teachers and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies."
"No student should ever have to go through the experience of feeling unwelcome at school or on a college campus," U.S. Secretary of Education John King Jr. said in a statement. "We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence."
In the letter to schools, the Obama administration says "the desire to accommodate others' discomfort cannot justify a policy that singles out and disadvantages a particular class of students.
In addition to the letter, schools also received examples from the Department of Education of ways some schools across the country have already implemented similar policies or guidelines for transgender students.
"It's actually to ensure that our schools are as inclusive, and respectful and safe as they can possibly be," said White House spokesman Josh Earnest.
EXTRAS: Read The Full Letter To Schools | DOE's Examples Of Policies
The guidelines do not impose any new legal requirements, but federal officials say it is meant to clarify school districts' obligations to provide students with non-discriminatory environments.
And while the districts are not bound by law to comply, failure to do so would put them at risk of losing federal funding.
New York City First Lady Chirlane McCray applauded the new guidelines saying it "reaffirms a basic human right."
"No one, especially a child, should be denied a bathroom when she or he needs one. Growing up is already tough," McCray said in a statement. "No child should face humiliation and embarrassment because of their gender identity, especially during such a private moment."
New rules approved last month at Pascack Hills High School and Pascack Valley High School allow transgender students to use the bathroom or locker room of the gender they identify with.
Pascack Hills alum Hannah Simpson was raised as a boy. She graduated in 2003, and later came out as a transgender adult. She said she had to remain in the closet in high school.
"To think that I would come out as transgender was unfathomable," Simpson said. "I had to keep it in."
Simpson said she wishes that the new policy had been in place when she was in high school.
"This would have let me transition sooner," she said. "This would have let me realize that there were others like me, that who I was, was not wrong."
According to Superintendent Erik Gundersen, several students at the Pascack schools have expressed they are contemplating a change, a lengthy process, and a time for discussion and learning for all those involved, WCBS 880's Sean Adams reported.
"Time and time again, people are saying 'oh, I didn't think about it that way' or 'I didn't realize that,'" Gundersen said. "So it [the new rule] really has broadened some horizons."
While some Pascack students last month welcomed their schools' new transgender policy, others had concerns.
"Biological male in a female locker room and for a lot of people, I know, I wouldn't be comfortable with that," said senior Ilana Charr.
"I understand how some people might be upset about it, but times have changed," said senior Jonathan Levin.
At Pascack Hills and Pascack Valley, the school board says non-transgender students who are uncomfortable with the policy can change in a more private location.
Parents in New Jersey were divided about the issue.
"I really don't want guys dressed as girls going in the ladies' rooms, because you never know who it is," said parent Barry Gershberg.
"I think everybody should be able to use whatever bathroom they're comfortable with," said parent Sharon Mazzei.
Meanwhile in Texas, Lt. Gov. Dan Patrick said the state would not be complying with the directive.
"We will not yield to blackmail from the president of the United States," Patrick said. "This has everything to do with keeping the federal government out of local issues."
Local opponents also said the president has no business pushing his political agenda on American students, CBS2's Andrea Grymes reported.
"If it was his daughter in the bathroom, what would he do? Or his niece in a bathroom?" Debbie Young, of Staten Island, said. "What would he do if a boy went in there and thought he was funny and did something?"
But Simpson said this is just the first step in the fight for equal rights.
"The work is just beginning," she said. "There are still a lot of people to educate."
Obama's directive comes amid a legal fight between the Justice Department and North Carolina over that state's law on bathroom use by transgender people.
The state and the federal government sued each other on Monday.
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