U.S. to schools: Give transgender students bathroom rights

A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California September 30, 2014.

By Megan Cassella

WASHINGTON (Reuters) – The Obama administration told U.S. public school districts across the country on Friday to allow transgender students to use the bathrooms that match their gender identity, rather than their gender at birth.

The new guidance comes as the Justice Department and North Carolina battle in federal court over a state law passed in March that prohibits people from using public restrooms not corresponding to their biological sex.

Officials from the Education and Justice departments told schools that while the new guidance does not carry legal weight, they are obligated not to discriminate against students, including based on their gender identity.

“Our guidance sends a clear message to transgender students across the country: here in America, you are safe, you are protected and you belong – just as you are,” Vanita Gupta, head of the Justice Department’s Civil Rights Division, said in a statement accompanying the letter sent to school districts nationwide.

The guidance contains an implicit threat that those not abiding by the Obama administration’s interpretation of the law could face lawsuits or a loss of federal aid.

As a condition of receiving federal funds, the letter said, a school agrees that it will not treat any person in its educational programs or activities differently on the basis of sex.

It added that the administration’s interpretation of existing regulations means that a school cannot treat a transgender student differently from other students of the same gender identity.

The issue of access to bathrooms by transgender people flared into a national controversy after North Carolina passed a law in March that made it the first state in the country to ban people from using multiple occupancy restrooms or changing rooms in public buildings and schools that do not match the sex on their birth certificate.

The U.S. Justice Department this week asked a federal district court in North Carolina to declare that the state is violating the 1964 Civil Rights Act and order it to stop enforcing the ban.

North Carolina’s Republican governor, Pat McCrory, and the state’s secretary of public safety sued the agency in a different federal court in North Carolina, accusing it of “baseless and blatant overreach.”

(Reporting by Megan Cassella and Susan Heavey; Editing by Bernadette Baum and Frances Kerry)

U.S. Senate urges quick agreement on defense aid for Israel

An Iron Dome launcher fires an interceptor rocket in the southern Israeli city of

By Patricia Zengerle

WASHINGTON (Reuters) – More than four-fifths of the U.S. Senate have signed a letter urging President Barack Obama to quickly reach an agreement on a new defense aid package for Israel worth more than the current $3 billion per year.

Eighty-three of the 100 senators signed the letter, led by Republican Lindsey Graham and Democrat Chris Coons. Senator Ted Cruz, a 2016 presidential candidate, was one of the 51 Republicans on board. The Senate’s Democratic White House hopeful, Bernie Sanders, was not among the 32 Democrats.

“In light of Israel’s dramatically rising defense challenges, we stand ready to support a substantially enhanced new long-term agreement to help provide Israel the resources it requires to defend itself and preserve its qualitative military edge,” said the letter, which was first reported by Reuters.

It did not provide a figure for the suggested aid. Israel wants $4 billion to $4.5 billion in aid in a new agreement to replace the current memorandum of understanding, or MOU, which expires in 2018. U.S. officials have given lower target figures of about $3.7 billion. They hope for a new agreement before Obama leaves office in January.

The Obama administration wants to cement a new 10-year defense aid deal before he leaves office in January to demonstrate his commitment to Israel’s security, especially after reaching a nuclear agreement with Iran that Israel strongly opposed. Obama and Israeli Prime Minister Benjamin Netanyahu have had a tense relationship.

A White House official said discussions with Israel were continuing.

“We are prepared to sign an MOU with Israel that would constitute the largest single pledge of military assistance to any country in U.S. history,” the official said.

The funding is intended to boost Israel’s military and allow it to maintain a technological advantage over its Arab neighbors.

The letter said the Senate also intends to consider increased U.S. funding for cooperative missile defense programs, similar to increases in the past several years.

Obama has asked for $150 million for such programs, but lawmakers are believed to be willing to send Israel hundreds of millions for programs like its Iron Dome air defense system and the David’s Sling medium- and long-range military defense system.

(Additional reporting by Matt Spetalnick; Editing by Sandra Maler and Bernadette Baum)

U.S. Top Court appears unlikely to revive immigrants plan

mmigration activists holding American flag rally outside the U.S. Supreme Court in

By Lawrence Hurley

WASHINGTON (Reuters) – President Barack Obama’s bid to save his plan to spare millions of immigrants in the country illegally from deportation and give them work permits ran into trouble on Monday at the U.S. Supreme Court in a case testing the limits of presidential power.

The court, with four conservative justices and four liberals, seemed divided along ideological lines during 90 minutes of arguments in the case brought by 26 states led by Texas that sued to block Obama’s unilateral 2014 executive action that bypassed Congress.

Liberal justices voiced support for Obama’s action. The conservatives sounded skeptical. A 4-4 decision would be a grim defeat for Obama because it would uphold lower court rulings that threw out his action last year and doom his quest to revamp a U.S. immigration policy he calls broken.

More than a thousand people in favor of Obama’s action staged a raucous demonstration outside the white marble courthouse on a sunny spring day, with cheery mariachi music from a red-and-black clad band filling the air. A smaller group of Obama critics staged their own rally.

In order to win, Obama would need the support of one of the court’s conservatives, most likely Chief Justice John Roberts or Anthony Kennedy. But they both at times hit the Obama administration’s lawyer, U.S. Solicitor General Donald Verrilli, with tough questions.

Kennedy expressed concern that Obama had exceeded its authority by having the executive branch set immigration policy rather than carry out laws passed by Congress.

“It’s as if the president is setting the policy and the Congress is executing it. That’s just upside down,” Kennedy said.

A ruling is due by the end of June.

Obama’s plan was tailored to let roughly 4 million people – those who have lived illegally in the United States at least since 2010, have no criminal record and have children who are U.S. citizens or lawful permanent residents – get into a program that shields them from deportation and supplies work permits.

Obama said the program, called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), was aimed at preventing families from being torn apart.

The case comes during a heated presidential campaign in which the status of the roughly 11 million immigrants in the United States illegally, most of them from Mexico and other Latin American nations, has been a central theme. Immigration is also a global concern, with Europe now struggling with a flood of immigrants fleeing violence in Syria, Iraq and elsewhere.

The Republican-governed states that filed suit asserted that the Democratic president overstepped his authority provided in the Constitution while his administration said he merely provided guidance on how to enforce deportation laws.

A 4-4 ruling is possible because there are only eight justices following February’s death of conservative Antonin Scalia.

POSSIBLE COMPROMISE

One possible compromise outcome would be that the court could uphold Obama’s plan in part while leaving some legal questions unresolved, including whether the government can provide work permits to eligible applicants.

Obama would also win if the justices decide the states had no legitimate grounds to sue. Texas said it had “standing” to sue because it would be hurt by the additional costs it would incur by providing driver’s licenses to those given legal status.

Liberal Justice Ruth Bader Ginsburg noted the “basic problem” that the government lacks the resources to deport everyone in the country illegally, meaning it must set priorities.

“There are these people who are here to stay, no matter what,” Ginsburg said.

Liberal Justice Sonia Sotomayor criticized Texas’ argument about the economic harm caused by Obama’s action, saying millions of immigrants “are here in the shadows” and will affect the economy “whether we want (them) to or not.”

Verrilli said the federal government has regularly launched programs aimed at giving large groups of immigrants temporary legal status as part of its role establishing enforcement priorities due to limited resources.

Asked by Roberts if the government has the power to allow all immigrants who are in the country illegally to stay, Verrilli said: “Definitely not.”

Shortly before the plan was to take effect, a federal judge in Texas blocked it after the states filed suit. The New Orleans-based 5th U.S. Circuit Court of Appeals upheld that decision in November.

Obama’s executive action arose from frustration within the White House and the immigrant community about a lack of action in politically polarized Washington to address the status of people living in the United States illegally.

He took the action after House of Representatives Republicans killed bipartisan legislation, called the biggest overhaul of U.S. immigration laws in decades and providing a path to citizenship for illegal immigrants, that was passed by the Senate in 2013.

Obama, stifled by Republican lawmakers on many of his major legislative initiatives, has drawn Republican ire with his use of executive action to get around Congress on immigration policy and other matters including gun control and healthcare.

(Additional reporting by Clarece Polke and Robert Iafolla)