“It’s not moot because it was thrusted upon us by the federal government,” Thweatt said, “or we were going to risk losing our federal funding.”
The question of whether federal civil rights law protects transgender people has not been definitively answered by the courts and may ultimately be decided by the Supreme Court. But schools that refuse to comply could be hit with civil rights lawsuits from the government and could face a cutoff of federal aid to education.
The guidance was issued after the Justice Department and North Carolina sued each other overs a state law that requires transgender people to use the public bathroom that corresponds to the sex on their birth certificate. The law applies to schools and many other places.
Supporters say such measures are needed to protect women and children from sexual predators, while the Justice Department and others argue the threat is practically nonexistent and the law discriminatory.
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