On Sunday night, a federal judge ruled to not enforce the Obama administration’s attempts to protect and extend civil rights to transgender students. The discussion of allowing transgender people to use bathrooms according to their gender identities has been a hot topic. North Carolina lost the ability to host the NBA All Star Game over their transgender bathroom law. The debate extended to schools this summer when the Obama Administration warned schools to allow transgender access to bathrooms. 

From that came a report by the Department of Justice and Department of Education that provided guidelines on how to accommodate transgender students attending public schools. The guidelines stressed the need that these students be allowed to use the restroom that aligns with their gender identity. The guidelines also extended  existing civil rights protections to transgender students to help protect them from harassment by classmates or incorrect record-keeping by school administrators.

After the guidelines were released 13 states sued the federal government, arguing that this extends beyond what the law says and places the in a “Hobson’s Choice” position, a position which would mean the states either comply or lose millions in federal funding. Calling the joint report unconstitutional, the states asked for an injunction to prevent the new guidelines from affecting the state of the 2016-2017 school year. A district court judge approved the injunction until the matter can be resolved in courts, preventing interruption of the school year.

This news brings its own set of consequences for not only transgender students but shows just how much civil rights can be up for debate.


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