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Debating the constitutionality of Obama’s transgender bathroom access in schools




Students walking the hallways are seen February 21, 2014, at Steuart W. Weller Elementary School in Ashburn, Virginia.
Students walking the hallways are seen February 21, 2014, at Steuart W. Weller Elementary School in Ashburn, Virginia.
PAUL J. RICHARDS/AFP/Getty Images

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(AP) Public schools must permit transgender students to use bathrooms and locker rooms consistent with their chosen gender identity, according to an Obama administration directive issued amid a court fight between the federal government and North Carolina.  

The guidance from leaders at the departments of Education and Justice says public schools are obligated to treat transgender students in a way that matches their gender identity, even if their education records or identity documents indicate a different sex.

In issuing the guidance, the Obama administration is wading anew into a socially divisive debate it has bluntly cast in terms of civil rights. The Justice Department on Monday sued North Carolina over a bathroom access law that it said violates the rights of transgender people, a measure that Lynch likened to policies of racial segregation and efforts to deny gay couples the right to marry.

Guests:

Brandon Rottinghaus, a professor of political science at the University of Houston in Texas. His research looks at presidential unilateral action, executive scandal, and how presidents and Congress work together

Neal McCluskey, is the director of Cato’s Center for Educational Freedom.



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