Trump To Revoke Obama's Transgender Bathroom Rule

Tyler Durden's picture

'He, she, and ze' will be not be happy. The Trump administration is set to revoke President Obama's controversial transgender bathroom rules.

In yet another leak, a draft of a letter to the nation's schools obtained by The Washington Post, administration officials plan to say they are withdrawing guidance issued by the Obama administration that found that denying transgender students the right to use the bathroom of their choice violates federal prohibitions against sex discrimination.

“This interpretation has given rise to significant litigation,” states the two-page draft, which indicates that the Education and Justice departments plan to issue it jointly. The draft says administrators, parents and students have “struggled to understand and apply the statements of policy” in the Obama-era guidance.


As a result, the departments “have decided to withdraw and rescind the above-referenced guidance documents in order to further consider the legal issues involved.”


The letter makes clear that schools must protect all students and that the withdrawal of the guidance “does not diminish the protections from bullying and harassment that are available to all students. Schools must ensure that transgender students, like all students, are able to learn in a safe environment.”


A final version of the letter is slated to be issued Wednesday, according to a Republican operative with knowledge of the conversations within the Trump administration on the issue. The administration is expected to release the letter despite objections from Education Secretary Betsy DeVos, who did not want to rescind the guidance, the operative said. Officials with the Education and Justice departments did not immediately respond to requests for comment late Tuesday night.

Notably, Betsy DeVos, the new education secretary, wanted to keep Obama's guidance intact, according to WaPo's sources.

Full leaked letter (via Reuters)

Dear Colleague:


The purpose of this guidance is to inform you that the Department of Education and the Department of Justice are withdrawing the statements of policy and guidance reflected in:

  • Letter to Emily Prince from James A, tvkCacI1L,..ria, Acting Deputy Assistant Secretary for Policy, Office for Civil Rights at the Department of Education (OCR) dated January 7, 2015; and,
  • Dear Colleague Letter on Transgender Students jointly issued by the Civil Rights Division of the Department of Justice ("DOJ") and OCR dated May 13,2016.


These guidance documents take the position that the prohibitions on discrimination "on the basis of sex" in Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. § 1681 et seq., and its implementing regulations, see, e.g., 34 C.F.R. § 106.33, require access to sex-segregated facilities based on gender identity rather than biological sex.


This interpretation has given rise to significant litigation regarding school restrooms and locker rooms. The U.S. Court of Appeals for the Fourth Circuit concluded that the term "sex's in the regulations is ambiguous and deferred to what the court characterized as the "novel" interpretation advanced in the guidance. That case is currently pending before the Supreme Court. By contrast, a federal district court in Texas held that the term "sex" unambiguously refers to biological sex and that, in any event, because the guidance was "legislative and substantive," formal rulemaking should have occurred prior to the adoption of any such policy. The Texas court preliminarily enjoined enforcement of the interpretation, and that injunction currently remains in effect.


In addition, over the past two years, school administrators, parents, and students have expressed varying views on the legal issues arising in this setting. They have also struggled to understand and apply the statements of policy and guidance in the two documents identified above.


In these circumstances, OCR and DO] have decided to withdraw and rescind the above-referenced guidance documents in order to further consider the legal issues involved, The Departments thus will not rely on the views expressed within them.


Please note that the withdrawal of these guidance documents does not diminish the protections from bullying and harassment that are available to all students. Schools must ensure that transgender students, like allstudents, are able to learn in a safe environment.


This guidance does not add requirements to applicabFe law, but provides information about how OCR and DOJ will proceed in developing the appropriate approach for determining whether covered entities are complying with their legal obligations in this context. If you have questions or are interested in commenting on this guidance, please contact OCR at ocr@ or B00-421-3481 (TDD 800-877-8339); or DOJ at education or 877-292-3804 (ITV: 800-514-0383).

Without federal guidance, the issue will be resolved on a state-by-state basis, as White House spokesperson Sean Spicer most recently confirmed...

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
davinci7_gis's picture

WINNING Big Time!!!!

Logan 5's picture
Logan 5 (not verified) davinci7_gis Feb 22, 2017 12:06 PM

Hall ZE lujiah!

InjectTheVenom's picture

YEEEESSSSSSS  !!!!!!!!!!

I'm starting to like this Trump guy more & more each day.


Manthong's picture

Will he re-instate the “beat-flaming-perverts-up-after-school” guidance?

Zoomorph's picture

Remember all the Trump bashers in the ZH comments leading up the election? Tell me he isn't doing a much better job than Haglary would be right now?

Remember all the "it's all rigged, don't bother voting" defeatists in the ZH comments leading up to the elections? I guess Shillary and her crew of Reddit criminals aren't omnipotent after all, and Trump is taking on the rigged media in the boxing ring!

The Saint's picture
The Saint (not verified) Zoomorph Feb 22, 2017 12:34 PM

With Hillary we would be discussing foreign policy because she would have put in place a no-fly zone over Syria and we would have had several clashes with the Russians by now.  Maybe worse.


Hunter S. Thompson's picture

I thought the metally ill could already use the handicapped washroom?

Ghost of Porky's picture

When's the last time a president willingly gave power back to the states?

Handful of Dust's picture

The AAAP (American Association for the Advancement of Pedophiles) vigorously objects to this policy!

Dizzy Malscience's picture

There was never much confusion about which bathroom to use until the Cultural Marxist SJW's had an advocate in the White House.


mtl4's picture

Do people these days really need special safe spaces to take a dump too?!

kralizec's picture

We now return to the days where perverts following little girls and boys into restrooms is no longer sanctioned by the State.

Thanks you and have a swell normal day!


a Smudge by any other name's picture

Fine for you. This totally thwarts my ambition to piss in 3 places at the same time.

UnclePhester's picture
UnclePhester (not verified) kralizec Feb 22, 2017 2:54 PM

well fuck me in the ath and call me Thally!


That thure thwists my knickerths

strannick's picture

Awesome. God bless Donald Trump. Pray for him.

Carl Spackler's picture

It is a draft, now the actual Executive Order.

How do we know or not know if this is a Presidential mole hunting exercise to find more of the swamp things like Katie Walsh?!

See who leaked it to whom and then build legal cases against them for leaking sensitive information.

Carl Spackler's picture

It is a draft, now the actual Executive Order.

How do we know or not know if this is a Presidential mole hunting exercise to find more of the swamp things like Katie Walsh?!

See who leaked it to whom and then build legal cases against them for leaking sensitive information.

Takeaction2's picture
Takeaction2 (not verified) Zoomorph Feb 22, 2017 12:34 PM

I never TRUMP Bashed...I was with him all the way...but I will be the first to admit...I thought for sure it was going to be Hillary. I fell into the narative that he could NOT DO IT...My wife and I did our part. But Election night...I was not enthusiastic...  My wife and I sat on the edge of our couch till 3AM (Pacific) waiting for the real results.  We thought for sure the fix was in....Whatever happened...Luck, Karma, Russians, God, or just a staraight up honest win...whatever it was I am thankful.  What a night that was.

Your smile for the day...LOL A great 9 minutes that will make you smile...and laugh. AT 4:00 min mark in video...just makes me so happy to see this...WOW.

a Smudge by any other name's picture

Watch this, it's the lesson that never gets learned. People just got shown for the second time in 1 lifespan that the popular vote is a SHAM and that the electoral college picks POTUS. And yet they will go right back to yammering about popular vote.

We are conditioned to the illusion of democracy as much as the fantasy that we are still a republic.

YuShun's picture

Rome, France, and many other nations were kingdoms until
they overthrew their monarchies and became republics.
America does not have a king, hence America is a republic.

macholatte's picture


Bruce Jenner changed his name but is a man with silicone tits.
WTF is “Trans Gender”?

buttmint's picture

...did Brucie "Wheatie's Box" Jenner have his pecker chopped off and a silicone vagina inserted?

The guy was a failure all his life. His current bullshit is just more of the same....

gatorengineer's picture

I think the technical term is bored out and installed a universal.....

asteroids's picture

"Transgender" is a nonsense word repeated by those with mental illness. If I take your blood, you are either "male" for "female" (there are a few exceptions). There is no "transgender".

Akzed's picture


Gender and sex are not synonyms. Gender was originally used by grammarians to refer to masculine and feminine words. It was lately hijacked by the "gender bender" Leftist satanists and substituted for sex.


So regarding e.g. Bruce Jenner, there's no arguing that he is not male, but by using "gender" instead of "sex" the satanists can get around that because he has gone from masculine to feminine, not male to female.

a Smudge by any other name's picture

I just kinda hijack the thought process. I am a woman trapped in a man's body but that woman is a lesbian that's totally into women. If I'm wrong I'm still into women. If I'm right I'm EVEN MORE INTO WOMEN. It's a can't-lose.

nmewn's picture


The Saint's picture
The Saint (not verified) macholatte Feb 22, 2017 12:30 PM

I don't know myself but those have got to be the scarryest words to hear in the morning for a single guy. 

IT: "Oh, by the way, I'm trans gender."

GUY: "What? What? What's that mean?  Get out!  Get the Fk out!!!!!! (I need a hot shower with some clorox.)"



HenryHall's picture

> Bruce Jenner changed his name but is a man with silicone tits.  WTF is “Trans Gender”?


Why do you (or anyone else) care?

100% non event, makes you look petty minded to be protesting.

MalteseFalcon's picture

I still can't help but feel that when Jenner goes home ze pulls off ze's wig, cracks a beer, sits on the couch, turns on football and thinks "Got paid, bitches!"

Akzed's picture

Normalizing mental illness and sex-based tyranny doesn't bother you eh?

Moustache Rides's picture

Exactly.   How many prostate exams does a tranny have to have before they realize they didn't really become a woman.  Mental illness to the extreme.

MalteseFalcon's picture

Anyone who transitions and keeps their prostate is crazy.

Just sayin'.

larz's picture

Trans gender / LGBTQWERTY is and has been an outspoken militant vote to be pandered to by political creatures and self congratulating Hollywood cartoon characters

You are phobic if you disagree 

83_vf_1100_c's picture

Seems like such a miniscule voter base to pander to, what is the point?

Lawsuits can be dealt with on a case by case basis using genetic testing. X/Y chromosomes don't lie. Charge the cost of the test to the plantiff if they fail.

I am old and I just don't get it with this LGBT xyz bullshit. Back in the damn closet with the lot of them. You want to be queer? Good for you. Now go do it where decent folk dont have their dinner ruined by seeing your antics. jmo

Hungman's picture

I don't think so but he should!

moneybots's picture

"Will he re-instate the “beat-flaming-perverts-up-after-school” guidance?"


Did you bother reading? Did you bother listening to anything Trump has said? Apparently not.

nyse's picture

This too is a states rights issue

swmnguy's picture

This is just petty cruelty to a tiny number of people dealing with a very sad issue.

My wife is a special ed teacher.  There was a kid entering kindergarten who was born a hermaphrodite.  The parents were, as one can imagine, pretty freaked out.  They came to the school to talk about how best to deal with the situation.  

The kid was being treated by a team of top medical people.  At some point, the kid will undergo procedures to assign a gender.

The school was obligated, by Federal law and the general will of Americans, to accept any and every kid, and to provide each child with an equal and appropriate education, based on the needs and ability of each child.

So the teachers, Administrators, staff and parents came up with a couple of very minor accommodations for the child, to be as efficient, effective and empathetic as possible.

Somebody leaked the situation to a local alt-right rabble-rouser.  The child and family were publicly identified.  The local hate-freaks accused the parents and the school of promoting gay child sex abuse and opening up little girls bathrooms in an elementary school to grown men, just passing by on the street, who would say they felt like little girls so they had a right to go into the school and use the girl's bathrooms.

Just fake, hateful, cruel made-up bullshit, but it caused a furor and drove the family away for no reason at all, except the cruel people who did it felt great about themselves for tormenting a 5 year old kid who already had bigger problems than any of them could imagine.

That's what this "bathroom issue" is all about.

Transgender people, the tiny few of them who exist, have been using the bathroom since forever and nobody has ever had a problem with which one they choose.  But now some people feel big adding pain to those people's lives.

Meanwhile, my daughter's high school is making all their bathrooms nongender.  Mostly because with boys in the girls room, the girls might throw away their tampons, and with girls in the boys room, the boys won't smoke pot.  2 years in, it's working great.  

This is so much bullshit.  I wouldn't care except for the cruelty to children that seems to make some people feel so important.

Akzed's picture

A birth defect is a lot different than men who decide they're women when they're forty, and want everyone else to pretend with them. Extreme cases make bad law, and bad arguments.


AllTimeWhys's picture

THANK YOU! You are a man or a woman! You can't suddenly DECIDE you aren't. 


I've said it before and i'll say it again: Liberals: claiming science backs climate change, but science apparently doesn't mean anything when it comes to your gender.

greenskeeper carl's picture

Trump is right, this should be decided by the states. It is not within the fedgovs pervue. Neither is anything else education related.

larz's picture

Not much should concern the Fed  .gov  aside from military.    Oh and end the FED

pods's picture

Good, because sex is a thing of biology. Gender is whether nounds are masculine or feminine. Now they use it to mess with us.

NC got taken to the woodshed with this, so glad it is at the federal level now at least.

If you want to change sexes, have the surgery and change your birth certificate. None of this Bruce Jenner I feel like a woman today BS.  How is it he became a woman by putting on woman's clothes?  


techpriest's picture

The one exception is the extremely rare case of an XXY mutation. However, the way Western society has dealt with it is to leave it up to said person with the mutation, and the parents, to decide how to deal with it.

Aside from this, I have to agree that the current practice of shaming kids for the crime of acting like humans, and offering drugs, surgery, and fanaticism as the alternative, will be one of the great crimes in the history of this nation. It really does seem that twisted individuals in high positions are trying to think of new ways to create strife where there was none before.

IndyPat's picture

(((Sappers))) in the wire.

pods's picture

There really are some kids who are messed up. And some that seem to have been born different.

What to do?  idk to be honest. It used to be that actual trannies acted like their chosen sex and nobody gave a shit. My old neighbor was one. I didnt care. She was nice to me.  She looked like she was big boned so it wasnt a big surprise when I found out. Didn't matter though. She was my neighbor.  

But what they are doing to kids today is criminal.  They are fostering this confusion and blurring gender in school.  And kids who don't fit in gravitate to these misfits instead of learning how to act in a society.

I guess it just shows you how well off we have it? Instead of securing food and shelter we have these things to worry about.


IndyPat's picture

The concept of 'endocrine disruption' has many of answers you seek.

They are ubiquitous. Damn near impossible to avoid.

techpriest's picture

It's funny, I know an ex-tranny who told me that. Once he got rid of the soy, certain chemical exposures, and porn, his way of thinking changed slowly, then dramatically.