In a move that received widespread criticism, President Donald Trump’s Justice and Education departments have withdrawn Title IX guidelines promulgated to protect transgender students in a letter sent to public schools on Feb. 22.

The “Dear Colleague” letter stated that the Obama-era guidelines did not “provide extensive legal analysis” of how its position was consistent with Title IX.

The Obama administration’s letter, sent May 13, 2016, encouraged schools to allow students to use the restrooms and locker rooms that corresponded to their gender identities. The guidelines were based on an interpretation of Title IX, part of  the federal law passed in 1972 that bans sex discrimination in schools, to include protecting students from discrimination based on their gender identity, according to a May 14, 2016, CNN article.

The guidelines were advisory and did not hold the power of law or a Supreme Court decision but did send a message that if schools did not follow the guidelines, they could risk losing federal funding, according to the same CNN article.

Critics of Obama’s guidelines called this a massive overreach. Texas, along with 12 other states, sued to halt application of the guidelines, saying  the DOJ failed to follow required procedure for rulemaking, according to an Aug. 30, 2016, Education Week article. The injunction was granted by U.S. District Judge Reed O’Connor, and the guidelines were never fully implemented, according to an Aug. 22, 2016, NPR article. Nevertheless, the Obama administration sent a powerful message to transgender students and their families that the government was looking out for their safety.

The Trump administration has done just the opposite. Turning a blind eye to the issue of transgender students because of “a lack of legal analysis” is unacceptable. Transgender children and adults just want equality and revoking the guidelines means some students undoubtedly will be ostracized by their peers.

CNN reported on Feb. 23 that civil rights groups “denounced the withdrawal as a politically motivated attack that will endanger transgender children and sow confusion over the federal government’s role in enforcing civil rights,” proving the consequences of removing these guidelines has a far-reaching impact.

The only positive note is that the Trump letter stated:  “All schools must ensure that students, including LGBT students, are able to learn and thrive in a safe environment. The Department of Justice and the Department of Education are committed to the application of Title IX and other federal laws to ensure this protection.” 

Any sensible reading of Title IX would mandate a duty to respect the gender identities of these students so they are not subject to misgendering and humiliation. 

Trump and many of his constituents believe “bathroom laws” and the protection of transgender individuals should be a state issue rather than a federal one, but civil rights should always be handled at a federal level. 

Students of all genders—regardless of where they live—should be able to use the restrooms they are most comfortable using. That is not an impediment to states’ rights or endangering fellow students. Schools need to recognize that they now shoulder a large portion of the responsibility in the fight for transgender visibility and must work toward creating a more tolerant future.