Bigots in several states have made bathrooms a battleground over transgender people’s rights. But now, President Obama is stepping in to protect transgender kids in schools, with a letter telling public schools to allow students to use restrooms according to their gender identity.
The letter, signed by officials from the Education and Justice departments, does not have the force of law but contains an implicit threat that schools which do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid. [...]
“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,” [Attorney General Loretta Lynch] said. [...]
The Obama administration letter will say schools may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other document before treating them according to their gender identity.
We can expect some schools to absolutely violate this guidance, but it’s a small measure of protection for vulnerable kids across the country. And it’s another important reminder that, even with a Republican Congress blocking most meaningful legislation, a Democratic president can make a difference.