Give transgender students bathroom rights, US tells schools

A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California September 30, 2014. Photo/REUTERS
A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California September 30, 2014. Photo/REUTERS

The Obama administration told US public schools on Friday that transgender students must be allowed to use the bathroom of their choice, upsetting Republicans and raising the likelihood of fights over federal funding and legal authority.

Conservatives pushed back against the administration's non-binding guidance to schools, the latest battleground in the issue of rights for lesbian, gay, bisexual and transgender Americans.

Texas Attorney General Ken Paxton said the guidance "must be challenged."

"If President Obama thinks he can bully Texas schools into allowing men to have open access to girls in bathrooms, he better prepare for yet another legal fight," Paxton, a Tea Party champion, said in a statement.

Other Republican-led states joined calls to disregard the White House's directive and accused the administration of overstepping its role. In North Carolina, Governor Pat McCrory labeled the move a "massive executive branch overreach" and called on federal courts and the US Congress to intercede, while Arkansas Governor Asa Hutchinson said it was "offensive, intrusive and totally lacking in common sense."

The US Education and Justice Departments, in a letter, told school districts nationwide that while the guidance carries no legal weight, they must not discriminate against students, including based on their gender identity.

The guidance contained an implicit threat that school districts defying the Obama administration's interpretation of the law could face lawsuits or be deprived of federal aid.

The White House defended its actions, saying the guidance should not be viewed as a threat but instead as a set of "specific, tangible, real-world advice and suggestions" that many schools had sought and will welcome.

"That's what we're looking for: solutions that protect the safety and dignity of every single student in school," White House spokesman Josh Earnest told reporters at a daily briefing, adding that the idea was to prevent discrimination against a range of groups extending beyond the transgender community.

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