Fight erupts in White House over transgender students’ rights,
WASHINGTON — A fight over an order to rescind protections for transgender students in public schools erupted inside the Trump administration, pitting Attorney General Jeff Sessions against the secretary of education, Betsy DeVos.
DeVos initially resisted signing off on the order and told President Donald Trump she was uncomfortable with it, according to three Republicans with direct knowledge of the internal discussions. The order, released Wednesday, reverses the directives put in place last year by the Obama administration to allow transgender students to use the bathrooms of their choice.
Sessions, who strongly opposes expanding gay, lesbian and transgender rights, fought 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.
Trump sided with his attorney general, these Republicans said, telling DeVos in a meeting in the Oval Office on Tuesday he wanted her to drop her objections. And DeVos, faced with the choice of resigning or defying the president, agreed to go along. The Justice Department declined to comment Wednesday.
The official order from the administration was released Wednesday evening, after Sessions and DeVos wrestled over the final language.
According to a draft of the letter, which was obtained by The New York Times, the Trump administration cites continuing 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 schools must protect transgender students from bullying, a provision DeVos asked be included, one person with direct knowledge of the process said.
The Justice Department is eager to move quickly in laying out its legal position on transgender policy to avoid confusion in cases moving through the courts.