The Obama administration is expected to issue a decree Friday that will give transgender students in public schools the right to use whichever bathroom corresponds with his or her gender identity, according to a report released late Thursday.
On behalf of the White House, the Departments of Justice and Education will send a letter to every public school district in the country, telling administrators how to create a discrimination-free environment.
“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,” according to the letter.
Although the decree comes straight from the president’s desk, schools will not be legally bound by it. However, schools that do not cooperate with the government’s recommendation may be liable to lawsuits and the revoking of federal funding.
“No student should ever have to go through the experience of feeling unwelcome at school or on a college campus,” John B. King Jr., Department of Education secretary, said in a statement. “We must ensure that our young people know that whoever they are or wherever they come from, they have the opportunity to get a great education in an environment free from discrimination, harassment and violence.”
The move comes days after the Justice Department announced a lawsuit against the state of North Carolina and other entities for insisting students use the restroom for the sex they were declared at birth, which Attorney General Loretta Lynch called a breach of the Civil Rights Act.
