In essence, what the Trump administration would be doing is respecting the existing language and intent of the current law. President Obama had actually taken unconstitutional liberties in this area when he handed down what are commonly referred to as “dear colleague” memos from various departments, claiming sex at least includes, if it doesn’t actually mean, “gender identity.”
This is a significant policy clarification, especially for public schools who have used the federal government as a heavy scare tactic against parents and citizens who have opposed their policies giving special rights and protections to students who say they are “transgendered.”
During the Obama administration, the word “sex” was interpreted to include “gender identity.” As Peter Sprigg, with Family Research Council, writing recently for the Washington Examiner points out, “[u]nder this view, laws and policies prohibiting discrimination on the basis of sex were interpreted as also protecting persons who identify as transgender against discri ...
