National Review
"In Secretary Betsy DeVos latest de-regulatory step, the Department of Education has said it will not investigate or take action on complaints from transgender students regarding the open use of restrooms in public schools.
"The Obama administration had adopted a broad understanding of Title IX, the federal law that protects citizens from discrimination on the basis of sex. Under Obama, the Department of Education ruled that “sex” also includes “gender identity.” Now that bureaucratic decision is being reversed.
“ 'Title IX prohibits discrimination on the basis of sex, not gender identity. Therefore the question is whether a student (regardless of gender identity) has been discriminated against on the basis of sex,” Elizabeth Hill, a spokesperson for the department told THE WEEKLY STANDARD. “In the case of bathrooms, however, long-standing regulations provide that separating facilities on the basis of sex is not a form of discrimination prohibited by Title IX.”
"Hill said that until Title IX is updated or revised by Congress or the courts to include “gender identity,” the department will stick to what the written law says.
"Transgender activists are displeased with the decision to rely on laws, rather than bureaucratic interpretations. “This is an abdication of its job and a betrayal of hundreds of thousands of students who just want an equal chance to learn,” Harper Jean Tobin, director of policy for the National Center for Transgender Equality, said in a statement." . . . Kaylee McGhee
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