The Washington Post, far from being a fair and neutral party in politics (which is disappointing since journalism should be fair and balanced), criticized the Trump administration for not enforcing an Obama administration directive. The Obama administration letter forced schools to allow transgender students to choose which bathroom they’d prefer to use and the administration claimed then that it was due to their interpretation of Title IX (a sex discrimination legal matter).
The Washington Post blasted the decision by the Trump administration to let local school districts decide on a case-by-case basis, without backing their argument with legal basis. Referring to Trump’s policy, the Post said the following:
The two-page “dear colleague” letter from the Trump administration, which is set to go to the nation’s public schools, does not offer any new guidance, instead saying that the earlier directive needed to be withdrawn because it lacked extensive legal analysis, did not go through a public vetting process, sowed confusion and drew legal challenges.
The administration said that it would not rely on the prior interpretation of the law in the future.
What was the Post’s legal defense? The Obama administration’s own controversial interpretation of Title IX:
The Obama administration’s guidance was based on the position that barring students from bathrooms that match their gender identities is a violation of Title IX, the federal law that bars sex discrimination in public schools.
Many advocates contend the guidance merely formalized what courts have increasingly recognized: That discrimination against gay and transgender people is a form of sex discrimination because it is rooted in stereotypes about men and women. As a result, they believe transgender people already have the right under Title IX to use their preferred bathroom.
Now, you ask, what does Title IX say? Here’s what the Department of Justice website says:
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.