Last year, the Obama Administration issued guidance to all public school districts in the United States, directing them to allow transgender students to use the bathrooms matching their gender identities.
The Supreme Court is scheduled to hear a lawsuit from a young woman in Virginia who wants the federal government to order school officials - and the youths in her school - to agree that she is a he, even in science class.
The decision would be a reversal of a directive from former President Barack Obama's era advising public schools to grant bathroom access to students in line with their expressed gender identity and not necessarily the gender on their birth certificate. "I think that there will be further guidance coming from DOJ in particular with respect not just to the executive order but also the case that is in front of the Supreme Court".
Spicer said Tuesday that the president considered transgender rights to be "a states' rights issue and not one for the federal government". "When you look at the guidance that was issued under the Obama administration, first of all, let's keep in mind to the best of my knowledge, that was stalled, never fully implemented, and I think there were various reasons for that - several legal reasons and several procedural reasons".
Mr. Sessions, who strongly opposes expanding gay, lesbian and transgender rights, fought Ms. DeVos on the issue and pressed her to relent because he could not go forward without her consent.
The draft says administrators, parents and students have "struggled to understand and apply the statements of policy" in the Obama-era directive.
Fifteen states have explicit protections for transgender students, and many individual school districts in other states have adopted policies that recognize students on the basis of their gender identity, Sarah Warbelow, legal director of the Human Rights Campaign (HRC) told The Associated Press.
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The Trump Administration is expected to unveil guidance rolling back protections for transgender students this week. Enforcing federal laws like Title IX is a federal duty, not a state-by-state option.
Conservatives, including those in the Trump administration, see the trans-inclusive view as a misinterpretation of federal laws.
"Donald Trump and I simply believe that all of these issues are best resolved at the state level", he said in an October radio show with Focus on the Family's James Dobson.
Donald Trump originally said transgender students should be able to use whichever bathroom they felt was appropriate, but changed his mind after Republican backlash.
While the guidance was not law, 11 states sued, accusing the Obama administration "foisting its new version of federal law" on federally funded schools. The Times also noted that the department is eager to move quickly in laying out its legal position on transgender policy to avoid confusion in cases moving through the courts.