Donald Trump is taking aim at another idiotic Obama-era policy.
Transgender bathrooms – or the notion that boys who identify as girls can use the girls’ restrooms, and vice-versa, in America’s public schools – is in President Trump’s crosshairs as he considers reassessing Obama’s executive order.
The Justice Department just filed a motion in the 5th District Court of Appeals that seeks to delay a previous motion, asking the court to ease an injunction striking down Obama administration “guidance” about bathroom and shower use in taxpayer-funded schools.
What that means is that it gives time for the Trump Administration to prepare an argument in favor of striking down the “guidance.”
The Obama administration’s guidance, sent last summer, instructed public school districts across the country to allow transgender students to choose bathrooms and shower stalls consistent with their gender identity, not their biological features.
“A school’s failure to treat students consistent with their gender identity may create or contribute to a hostile environment in violation of Title IX,” the guidance said, in reference to the 1972 federal law banning gender discrimination in education, The Daily Caller is reporting.
A dozen states joined together and filed a lawsuit against the Justice Department for effectively creating a “law” though the issuance of regulatory “dark matter” – “a deluge of agency directives, notices, memoranda, guidance documents, and even blog posts which effectively create new policy without congressional legislation or Administrative Procedure Act (APA) protocols. The states claim that this strategy allows agencies to evade judicial review and achieve their policy objectives.”
Next month, the Supreme Court will hear the case of a female Virginia high school student, Gavin Grimm, who insists on using the boy’s restroom and locker room despite the fact that she is a biological girl.
Back in 2014, the school board refused to let her use the boy’s locker rooms. They tried to accommodate her by building unisex, single-person bathrooms, but Grimm sued anyway and the case made its way to the Supreme Court.