Now Ohio Schools Must Decide Transgender Bathroom Issue After Lawsuit Dropped

It’s now up to individual Ohio school districts to decide which restroom and shower facility their transgender students should use.

A federal lawsuit has been dismissed upon a request by Ohio and the nine other states that went to court over a May directive from the administration of former President Barack Obama saying schools should allow transgender students to use the facilities of the gender with which they identify.

But since the administration of President Donald Trump withdrew the the directive, the 10 states led by Nebraska essentially deemed the dispute moot.

“The Department of Justice has restored the proper legal application of (federal law),” said Suzanne Gage, a spokeswoman at the Nebraska attorney general’s office, according to the Lincoln Journal Star.

“Therefore, we dismissed our lawsuit. School districts will again have the freedom to fashion policies regarding sensitive privacy issues at the local level.”

The motion to dismiss was approved by U.S. District Court Judge John Gerrard in Lincoln, the newspaper said.

Dan Tierney, spokesman for Ohio Attorney General Mike DeWine, said Ohio agreed with the decision to drop the case since the Obama letter that prompted it has been pulled. The rules would have applied to colleges as well as kindergarten through 12th grade schools nationwide about locker rooms, showers, overnight accommodations, dress codes and athletics.

“Attorney General DeWine strongly believes these questions should be handled by our local school officials, which in Ohio means our locally elected school board members,” Tierney had said earlier.

A couple of weeks after the May directive from the Obama team, DeWine pledged, “If the Obama administration takes action to remove these decisions from Ohio parents and local schools, I will vigorously fight against such overreach. … There are many, many questions that, consistent with constitutional guarantees, are best left to the decent, commonsense judgment of individuals and communities at the state and local level.”

The other states in the lawsuit were Michigan, North and South Dakota, Arkansas, Montana, Kansas, South Carolina and Wyoming.

Other lawsuits are still pending on transgender students’ rights.

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