In its interpretation, the administration said the Title IX anti-discrimination protections include those for gender identity, meaning that transgender students had to have access to facilities of the gender with which they identified, like single-sex locker rooms and bathrooms.

In response to the Trump administration’s decision to drop the government’s appeal, McCaleb said the Obama administration’s policy had “radically distorted” Title IX, which “was intended to equalize educational opportunities for women.”

Leading U.S. bishops had expressed serious concerns with the guidance, saying that it “contradicts a basic understanding of human formation so well expressed by Pope Francis: that ‘the young need to be helped to accept their own body as it was created’.”

“Children, youth, and parents in these difficult situations deserve compassion, sensitivity, and respect,” said Bishop Richard Malone of Buffalo and Archbishop George Lucas of Omaha, chairs of the committees on youth and Catholic education, respectively.

“All of these can be expressed without infringing on legitimate concerns about privacy and security on the part of the other young students and parents. The federal regulatory guidance issued on May 13 does not even attempt to achieve this balance.”

The August injunction by the Texas district court came weeks after the U.S. Supreme Court had halted from going into effect a Fourth Circuit Court ruling that a transgender student had to be able to access the public school bathroom of their choice. The Court will hear that case of Gavin Grimm this term.

“It is only common sense to ensure privacy for all students by keeping boys out of girls' locker rooms and vice versa,” McCaleb said. “It’s right to respect the real differences between boys and girls, because that protects the privacy, safety, and dignity of all students.”