President Trump believes the question of whether transgender people should use the bathroom of their gender identity or the bathroom of their sex is one states should decide, the White House said Thursday.
Press secretary Sean Spicer said Title IX of the Education Amendments Act never contemplated this particular question, and said Trump’s decision to roll back former President Barack Obama’s guidance stating schools should let students use the restroom of their choice was unnecessary meddling by the federal government.
“It’s a state’s rights issue, and that’s entirely what he believes,” Spicer said. “If a state wants to pass a rule or a law … that’s their right. But, it shouldn’t be the federal government getting in the way of this.”
Spicer said the guidance set out by the Obama administration ignored proper process for coming up with the rule and Trump is not righting that wrong.
When asked if Trump believes in the intent of the Obama-era guidance, Spicer refused to say, and said Trump doesn’t want to steer states one way or the other on the matter. Spicer did, however, note that Trump supported Caitlyn Jenner using the women’s room in Trump Tower.
“Children do enjoy rights from anti-bullying statutes that are in almost every state, and there is a difference between being compassionate for individuals and children who are struggling with something and making sure they’re protected and how it’s being done,” he said.

