The issue of allowing people of one gender who prefer to identify as the other to use the public bathroom of their preferred gender has made for some highly energized discussion of late. This is all due to former President Obama’s controversial pronouncement that made bathroom choice mandatory in federally funded public schools.
Even companies like Target followed suit in making the policy their own and has potentially chased away millions of dollars in sales, as people who vehemently disagree with it for safety reasons have boycotted them.
After Trump rescinded Obama’s transgender bathroom policy last month, the U.S. Supreme Court has decided not to review an appeals court decision allowing a female student who identified as a boy to use the boys’ bathrooms in school.
According to FOX News: The policy was based on “Title IX of the Education Amendments of 1972, barring federally funded schools from discriminating on the basis of sex.”
Conservative Tribune reported:
On Monday, the justices sent a case involving a transgender student back to the 4th U.S. Circuit Court of Appeals in Virginia — which had earlier ruled in the student’s favor — for reconsideration in light of the new policy in place at the federal Department of Education.
Basically, what this does is to put the decision for determining whether “gender confused” students can use the bathroom of their gender identity choice back into the hands of the states.
According to White House Press Secretary Sean Spicer, “The president has maintained for a long time that this is a states’ rights issue and not one for the federal government,”
“So while we have further guidance coming out on this,” Spicer said, “I think that all you have to do is look at what the president’s view has been for a long time, that this is not something the federal government should be involved in, that this is a states’ rights issue.”
While transgender students will still be able to file lawsuits based upon the Equal Protection Clause of the 14th Amendment, it will be more difficult to use Title IX law because the Education Department no longer equates “sex” with gender identity.
This will finally put some common sense back into the law and some limitations on federal authority where gender identity is concerned!
Source: Conservative Tribune