Letter to the Honorable Loretta Lynch, Attorney General of the United States Department of Justice, and the Honorable John King, Secretary of the United States Department of Education - Obama Administration's Public School Bathroom Directive


Dear Attorney General Lynch and Secretary King,

On May 13, 2016, the United States Department of Education ("ED") and Department of Justice ("DOJ") released significant guidance regarding the ED and DOJ's interpretation of Title IX's prohibition of sex discrimination in educational programs and activities operated by recipients of Federal financial aid. This guidance expands the ED and DOJ's interpretations of sex discrimination to include not only an individual's biological sex, but also an individual's internal sense of gender.

Specifically, the guidance states that:

"As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations. The Departments treat a student's gender identity as the student's sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity."

Considering this guidance, please:

Clarify specifically all actions that the ED and DOJ, jointly or separately, will take against or regarding a teacher, school administrator, educator, school contractor, or person volunteering at a school who does not comply with this guidance;

Detail whether the ED and DOJ will recognize or accommodate rights of conscience and privacy in an individual's or institution's non-compliance with this guidance;

List all actions that the ED and DOJ, jointly or separately, will take against or regarding a school, school district, or state in which a teacher, school administrator, educator, school contractor, or person volunteering at a school does not comply with this guidance;

Detail all actions that a school, teacher, school contractor, and person volunteering must take to be in compliance with this guidance;

Confirm whether ED and DOJ consider this guidance to be legally binding and whether ED and DOJ will report this guidance to Congress;

Delineate the statutory authority under which ED and DOJ issued this guidance;

Explain why schools must disregard the privacy, "discomfort," and emotional strain imposed on other students during use of bathroom, showering, and changing facilities and overnight accommodations as these schools comply with this guidance; and
Explain to what extent teachers, guidance counselors, school administrators, and parents and guardians of students were consulted regarding the implementation and effect of this guidance.

We expect a reply by May 30, 2016, and we look forward to your response.


Representative Mark Walker

Representative Jeff Duncan

Representative Paul Gosar

Representative Gary Palmer

Representative Joe Pitts

Representative Richard Hudson

Representative Jim Bridenstine

Representative Doug Collins

Representative Gregg Harper

Representative Buddy Carter

Representative Stephen Fincher

Representative Trent Kelly

Representative Brian Babin

Representative Dave Brat

Representative Steve Chabot

Representative Kevin Cramer

Representative Bill Huizenga

Representative Barry Loudermilk

Representative David Rouzer

Representative Luke Messer

Representative John Ratcliffe

Representative Markwayne Mullin

Representative Robert Pittenger

Representative Vicky Hartzler

Representative Daniel Webster

Representative Doug Lamalfa

Representative Bill Flores

Representative Mark Meadows

Representative Scott DesJarlais

Representative Mike Rogers

Representative Bill Posey

Representative Jody Hice

Representative Jason Chaffetz

Representative Mia Love

Representative Andy Barr

Representative Trey Gowdy

Representative Darin LaHood

Representative Randy Neugebauer

Representative Evan Jenkins

Representative Lamar Smith

Representative Peter Roskam

Representative Kristi Noem

Representative Adrian Smith

Representative Mick Mulvaney

Representative George Holding

Representative John Fleming

Representative Jeb Hensarling

Representative Thomas Massie

Representative Steve King

Representative Pete Olson

Representative Glenn Grothman

Representative Sam Johnson

Representative Steve Pearce

Representative Mike Conway

Representative Mike Bost

Representative Randy Weber

Representative Andy Harris

Representative Bob Gibbs

Representative Bruce Westerman

Representative Walter Jones

Representative Marlin Stutzman

Representative Austin Scott

Representative Trent Franks

Representative John Moolenaar

Representative Randy Hultgren

Representative Rob Bishop

Representative Ralph Abraham

Representative Diane Black

Representative John Duncan

Representative Keith Rothfus

Representative Rick Crawford

Representative Jackie Walorski

Representative Cynthia Lummis

Representative Jason Smith

Representative Mike Kelly

Representative Chris Stewart

Representative Cathy McMorris Rodgers

Representative Jim Jordan

Representative Tim Huelskamp