Recently, schools have come under fire for forcing students to use the bathroom that corresponds with their biological sex, regardless of their gender identity. On Monday, May 9, the Justice Department sued North Carolina for using these bathroom laws, Attorney General Loretta Lynch likening these laws to racial segregation. "There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex," said Attorney General Lynch.

In addition to this lawsuit, the Obama administration issued a letter of guidance to schools across the country, encouraging them to allow students to use the bathroom of their choice. This letter does not enforce nor establish any law, though it is Obama's way of setting the expectation for public schools to follow. Though there are many schools that do enforce strict bathroom laws, there are just as many schools trying to protect their transgender or gender non-binary students, though they are confused on how to do so. The letter that the Obama administration sent out is a clarification as to how best to accommodate students under Title IX protections.

Though this letter did not change the law, or the enforcement of it, the state of Texas is lashing out. The Lieutenant Governor of the state, Dan Patrick, stated that he is ready to forfeit all government funding for public education. Texas would lose $10 billion and would likely be unable to keep its public schools open.

While the federal government has threatened North Carolina with refusing education funding, the government has yet to make a similar threat to Texas. It is deplorable that Texas would be willing to put every child's education at such great risk when the federal government has not put the state's education funding on the line.

Lynch and the Obama administration agree that ensuring that kids can use the bathroom in accordance with their gender identity is the next step as far as civil rights. Those fighting for that right say that bathroom laws violate rights established in the Civil Rights Act of 1964. Lynch has spoken directly to the transgender community saying, “No matter how isolated or scared you may feel today, the Department of Justice and the entire Obama administration wants you to know that we see you, we stand with you, and we will do everything we can to protect you going forward." It is crucial to maintain the fight against these bathroom laws in establishing transgender rights as covered under Title VII.