It does not have the force of law, but it contains an implicit threat: Schools that do not abide by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid....IN THE COMMENTS: tim maguire asks:
“A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so,” according to the letter, a copy of which was provided to The New York Times....
As soon as a child’s parent or legal guardian asserts a gender identity for the student that “differs from previous representations or records,” the letter says, the child is to be treated accordingly — without any requirement for a medical diagnosis or birth certificate to be produced.
And how long do we think that "parent or legal guardian" part will stay in there?Yes, you are right. That's key. That's why I extracted that part for this post. I'm not going to answer your question. I'm going to ask you whether this is not an important safeguard that may answer the most serious concern posed by strict segregationists.
Oh, but I do feel the pull now to answer your question. I think that limitation will give way, because there will be young people whose parents object to their child's assertion of transgenderism. I see a parallel to abortion laws that required minors to obtain parental consent. These were held to be unconstitutional without a "judicial bypass."