Washington: Republican President Donald Trump's administration is expected to revoke landmark guidelines issued to public schools in defence of transgender student rights, despite a fight over a draft order that pitted Attorney General Jeff Sessions against the secretary of education, Betsy DeVos.
Mrs DeVos initially resisted signing off on the order and told President Donald Trump that she was uncomfortable with it, according to three Republicans with direct knowledge of the internal discussions. The order would reverse the directives put in place last year by the Obama administration to allow transgender students to use the bathrooms of their choice.
Mr Sessions, who strongly opposes expanding gay, lesbian and transgender rights, fought Mrs DeVos on the issue and pressed her to relent because he could not go forward without her consent. The order must come from the Justice and Education departments.
Mr Trump sided with his attorney general, these Republicans said. And Mrs DeVos, faced with the choice of resigning or defying the president, has agreed to go along. The Justice Department declined to comment Wednesday.
Though an official order from the administration was expected to be released as early as Wednesday, the two secretaries were still disputing the final language.
"We are hearing that it will be rescinded today," said Mara Keisling, executive director of the National Center for Transgender Equality.
According to a draft of the letter, which was obtained by The New York Times, the Trump administration cites ongoing litigation and confusion over the Obama directives as a reason for telling schools to no longer obey them.
"School administrators, parents and students have expressed varying views on the legal issues arising in this setting," the draft says. "They have also struggled to understand and apply the statements of policy and guidance" in the Obama orders.
The draft also contains language stating that schools must protect transgender students from bullying, a provision Mrs DeVos asked be included, one person with direct knowledge of the process said.
"Schools must ensure that transgender students, like all students, are able to learn in a safe environment," the letter says.
During the election campaign, Mr Trump at first said transgender people should be able to use the bathroom they feel is appropriate, but changed tack after coming under criticism from fellow Republicans, saying it should be a matter for states to decide.
On Tuesday, that position was repeated by White House spokesman Sean Spicer.
The department is eager to move quickly in laying out its legal position on transgender policy to avoid confusion in cases moving through the courts.
The New York Times, Reuters