On Tuesday, the White House indicated that it was prepping up to converse a U.S. policy on transgender rights. This initiative gave rise to worries and concerns amongst rights advocates that Republican President Donald Trump is starting to annul a key initiative of his antecedent.
In May 2016, former president Barack Obama’s administration aggressed guidance to public schools to let transgender students use bathrooms which match their gender identity. This was a move which the transgender people took up as a civil rights victory.
At a news briefing conference, when questioned about the worries the government would converse the guidance, the White House Press Secretary Sean Spicer stated that President Donald Trump strongly believed the issue was a matter for the states to decide upon, which is opposite to the Obama stance.
Spicer said, "All you have to do is look at what the president's view has been for a long time, that this is not something that the federal government should be involved in, that this is a states' rights issue," further adding that the Justice and Education departments will have "further guidance" at an indeterminate time.
Legal counsellors of the transgender people say that the civil rights of Americans and the federal law are enforced legally by the federal government; this was initially emerged at the time of the civil rights movements of the 1960s which resulted in legal equality for African-American.
Rachel Tiven, chief executive of Lambda Legal, which defends lesbian, gay, bisexual and transgender (LGBT) people said, "Enforcement of federal civil rights law is not a states' rights issue. Full stop."
The federal law in question, called the Title IX, and prohibits sex discrimination in education. However, it stays disturbed whether Title IX safe guards extend to an individual’s gender identity. The United States Supreme Court can potentially settle the issue in a case which is due to be taken forward and argued in March.
Thirteen states which are headed by Texas used a states’ rights defence in a lawsuit litigating the Obama administration over its transgender bathroom guidance. That particular lawsuit will be completely debatable if Donald Trump were to reverse the Obama policy altogether.