Obama Administration To Issue Decree On Transgender Bathroom Access In Schools

"No student should ever have to go through the experience of feeling unwelcome at school or on a college campus," Education Secretary John King Jr. said.
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Carlos Barria / Reuters

WASHINGTON (Reuters) - The Obama administration will issue a sweeping decree on Friday telling every U.S. public school district to allow transgender students to use the bathrooms that match their gender identity.

The letter, signed by officials from the Education and Justice departments, does not have the force of law but contains an implicit threat that schools which do not abide by the Obama administration's interpretation of the law could face lawsuits or a loss of federal aid.

"There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex," U.S. Attorney General Loretta Lynch said in a statement.

"This guidance gives administrators, teachers, and parents the tools they need to protect transgender students from peer harassment and to identify and address unjust school policies," she said.

The move comes as the Obama administration and North Carolina battle in federal court over a state law passed in March that limits public bathroom access for transgender people.

By passing the law, North Carolina became the first state in the country to ban people from using multiple occupancy restrooms or changing rooms in public buildings and schools that do not match the sex on their birth certificate.

"No student should ever have to go through the experience of feeling unwelcome at school or on a college campus," Education Secretary John King Jr. 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," he said.

The Obama administration letter will say schools may not require transgender students to have a medical diagnosis, undergo any medical treatment, or produce a birth certificate or other document before treating them according to their gender identity.

Americans are divided over how public restrooms should be used by transgender people, according to a Reuters/Ipsos poll, with 44 percent saying people should use them according to their biological sex and 39 percent saying they should be used according to the gender with which they identify.

(Writing by Eric Beech; Editing by Sandra Maler)

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Before You Go

Companies Against Georgia's Anti-LGBT Bill
Dell(01 of15)
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Michael Dell, founder and chief executive officer of Texas-based Dell Inc., announced his opposition to Georgia's anti-LGBT bill on Twitter. "I agree and proud @SecureWorks joined against Georgia Bill that Shields Discrimination Against Gays [all sic]," he tweeted Feb. 27, referring to the company's Atlanta-based cybersecurity firm SecureWorks.


[[need link to tweet, and more context on what Secure Works is, where it is vs. where the rest of Dell is headquartered]]
(credit:Bloomberg via Getty Images)
Unilever(02 of15)
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Paul Polman, chief executive officer of Unilever, on Monday tweeted that opposing the bill is a way to stand up for human rights. (credit:Bloomberg via Getty Images)
Home Depot(03 of15)
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Carol Tome, chief financial officer and executive vice president of Home Depot, denounced the bill, saying it violates the company's core value of "respect for all people." She reiterated this position in a YouTube video posted by Georgia Prospers, a group fighting the bill. (credit:Bloomberg via Getty Images)
Microsoft(04 of15)
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Brad Smith, Microsoft's executive vice president, also opposes the bill. After the Atlanta Chamber of Commerce came out against it, Smith tweeted, "We agree with the Atlanta Chamber of Commerce on keeping Georgia a great place to do business." (credit:Stephen Brashear via Getty Images)
Virgin Group(05 of15)
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Sir Richard Branson, founder of the Virgin Group, is perhaps one of the biggest names to join Benioff's anti-discrimination fight. "Georgia must stop discrimination in the name of religious freedom," Branson tweeted on Feb. 27. (credit:CNBC via Getty Images)
Porsche(06 of15)
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Joseph Folz, vice president, general counsel and secretary of Porsche Cars North America, said in a YouTube video that the anti-LGBT bill was inconsistent with the company's values of "diversity" and "inclusiveness." (credit:Chesnot via Getty Images)
Twitter(07 of15)
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Twitter announced its opposition on Feb. 29. "Twitter joins list of businesses opposed to Georgia ‘religious liberty’ bill," the company's policy team tweeted. (credit:Bloomberg via Getty Images)
Coca-Cola(08 of15)
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Coca-Cola is part of the 400-business coalition opposed to the state's anti-LGBT legislation. (credit:Zhang Peng via Getty Images)
UPS(09 of15)
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Salesforce CEO Marc Benioff gave UPS and several other companies a shoutout on Twitter for supporting Salesforce's fight against Georgia's anti-gay bill. "Thank you CEOs of @dell@Virgin@Unilever@CocaCola@Delta@HomeDepot@UPS for fighting discrimination in GA!" he wrote. (credit:Bloomberg via Getty Images)
Google(10 of15)
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Google is one of over 400 companies opposed to the Georgia bill, according to advocacy group Georgia Prospers. (credit:Justin Sullivan via Getty Images)
Delta(11 of15)
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Delta Air Lines is another Georgia-based company opposed to the bill, according to Georgia Prospers. (credit:Andrew Burton via Getty Images)
Marriott(12 of15)
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The international hotel company Marriott has joined the 400-business coalition fighting the bill. (credit:Bloomberg via Getty Images)
SunTrust(13 of15)
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Advocacy group Georgia Prospers lists SunTrust bank as one of the early supporters of efforts to oppose Georgia's religious freedom bill. (credit:Bloomberg via Getty Images)
MailChimp(14 of15)
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MailChimp is part of the coalition backing Salesforce in its fight against discriminatory legislation in Georgia. (credit:Carlos Varela/Flickr)
AT&T(15 of15)
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AT&T is one of several companies with offices in Georgia to oppose the state's anti-LGBT legislation. (credit:Roberto Machado Noa via Getty Images)