Cochran & Wicker: Obama Transgender Directive Lacks the Force of Law

Press Release

U.S. Senators Thad Cochran (R-Miss.) and Roger Wicker (R-Miss.) today signed a letter clarifying that federal law does not require states and schools to adhere to a new transgender directive issued by the Obama administration.

Signed by 25 Senators, the letter to Attorney General Loretta Lynch and Education Secretary John B. King, Jr. states that the administration has no legal justification to dictate to the nation's public schools which restrooms, locker rooms and showers transgender students may use. The administration late last week issued transgender guidelines to schools and threatened to withhold federal funding to schools and states that do not adhere to the guidance.

"This another example of federal overreach by the Obama administration that should be challenged. State and local officials are best equipped to make decisions regarding student facilities in a practical, safe and respectful way," Cochran said.

"As I have stated before, these are local issues best decided by those who live in our communities," Wicker said. "A clear understanding of the law shows that the Administration does not have the authority to act like a National School Board. It is wrong to threaten to withhold federal funding from schools that choose to handle this matter in their own way."

The letter was led by U.S. Senator Lamar Alexander (R-Tenn.), chairman of the Health, Education, Labor and Pensions Committee. It stresses that the "guidance" issued to schools lacks the force of law. It also points out that the Senate rejected similar transgender mandates amendment to the Every Student Achieves Act last year.

"Every transgender person is someone's child and should be treated with respect. But that does not justify a federal executive agency acting as a national school board telling 100,000 public schools how to resolve this issue," the letter states.

It goes on to say, "It may be appropriate for the U.S. Department of Education to answer questions or issue guidance about its opinion of the existing law. But federal law does not require states and school districts to follow that guidance. Until Congress or the courts settle the federal law, states and school districts are free to devise their own reasonable solutions."

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