From the May 13 edition of Fox News' Happening Now:
JON SCOTT (HOST): Well, the White House is reminding public schools across the country that they must allow transgender students to use the restroom that matches their gender identity. The guidance comes in the midst of a legal fight with North Carolina over its controversial bathroom law. The administration says it wants to ensure schools do not violate student’s civil rights. Leland Vittert is following that controversy from the White House. Leland.
LELAND VITTERT: And, Jon, they are basing all of this guidance, or what the Department of Justice calls a “dear colleague letter,” not necessarily in any law but in how the White House interprets one law. This has not been adjudicated in the courts or by congress but they say Title IX, which protects kids in public schools or schools that receive public money from gender discrimination that somehow the word “transgender” comes out of that law although in no part of Title IX does the word “transgender” appear. Here is the letter to schools today. Long letter, here's an excerpt. “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.” Break that down in common language. A biologically male student can use the female locker room all they want. Extend the logic out, a biologically male student can demand to live in a female dorm when they go to college. And important to note that in these letters is no standard whatsoever for what decides who is or who is not transgender. Essentially, a child can wake up one morning, and decide “I’m a girl” or “I’m a boy,” and the schools, based on this letter, must treat them that way. Whether schools do or do not comply to this, yet to be seen. The threat, obviously, here and what we’re seeing play out in North Carolina, John, is the possibility of the Feds going after the money that is given to schools by the federal government if they don't comply with the standards.
SCOTT: Pretty easy to see why that is generating so much controversy.