Today, the White House will release a directive that will request that public schools across the country allow transgender students to use whichever bathroom they prefer to use. This comes in the wake of the now infamous North Carolina incident, in which a “bathroom bill” was passed, forcing students to use the bathroom that matches the gender indicated on their birth certificates. Other states have reportedly been considering following North Carolina’s lead, which is likely what prompted President Obama take action.
Of course, a directive is different from a passed bill, in the sense that it can be disobeyed without immediate consequence. However, disobeying states or districts are subject to federal evaluation, and could face fines and/or sanctions. The New York Times obtained a copy of Obama’s directive, and it reportedly reads as follows:
A school may not require transgender students to use facilities inconsistent with their gender identity, or to use individual-user facilities when other students are not required to do so. As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students.
It’s unclear whether or not there will be immediate pushback from North Carolina, or any of the other states that were considering following their lead, but the directive does come with considerable incentive. School district that refuse to abide by its request could lose its designated federal funding.
