"TO USE OR NOT TO USE"? BATHROOM LAW FACE-OFF BETWEEN THE FEDS AND THE STATES OF TEXAS AND NORTH CAROLINA RAGES ON

The “Bathroom law” conundrum is far from being over despite both parties resorting to judicial resolution. A directives came, to the cheer of transgender students, from the Presidency on Friday requiring public schools to allow transgender students use whichever bathroom they identify with notwithstanding the gender on their birth certificate.

A joint letter emanating from the Civil Rights divisions of U.S Education and Justice Departments and dated May 13, 2016 pursuant to Title IX , told U.S public schools that transgender must not be “discriminated” against based on their gender, which includes access to the bathroom of the gender they identify with even if same is not consistent with the gender on his/her birth certificate. According to the directives, the Departments of Justice and Education “treat a student’s gender identity as the student’s s^x for purposes of Title IX and its implementing regulations”. Therefore, “a school must not treat a transgender student differently from the way it treats other students of the same gender identity” once the “student or the student’s parent or guardian” have notified the school that the student identifies with a gender that differs from the one of the records.

Further to this directives, the Presidency have made the continued reception of federal funds for education condition on compliance of this directive. Although the directive is not saddled with the force of law, the threat of cutting federal funding from defaulting institutions makes it nothing less. The letter states thus:

“As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of s^x any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations”.

The “significant guidance” have been greeted with mixed reactions. The transgender society have cheered the directive, with transgender student Gavin Grimm stating that the “guidance would have made a big difference in my life”.

Attorney General Lynch, praised the “guidance” as giving “administrators, teachers and parents the tool they need to protect transgender students […]”

Human Rights Campaign President described the “guidance” as a “truly significant moment”.

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However, the backlash has been most intense from the politicians of Republican affiliation. The Lt. Governor of Texas called the “guidance” a “blackmail” tantamount to “social engineering”, which “families in America will not accept”.

The Governor of Texas, stepping up from where his Lt. Governor stopped promised that “Texas is fighting this [the directive]”.

Republican Presidential Aspirant, and Texas Senator, Ted Cruz added thus:

“Having spent many years in law enforcement, I've handled far too many cases of child molesters, of pedophiles, of people who abused little kids. The threats of predators are serious, and we should not facilitate allowing grown men or boys to be in bathrooms with little girls.”

Hughes Chunk, on his part, cited his concern and support for the “Bathroom Law” thus: "I was not thinking about the LGBT issue … Perverts and pedophiles taking advantage of this law in bathrooms was my major concern."