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Nebraska drops suit over transgender bathroom policy
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Nebraska drops suit over transgender bathroom policy

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Nebraska has asked to drop a 10-state lawsuit it led challenging federal guidance the Obama administration gave to schools on locker room and bathroom use by transgender students.

In a motion filed Thursday, Nebraska Chief Deputy Attorney General David Bydalek said the U.S. Department of Justice and Department of Education last month jointly withdrew the statements of policy and guidance that had been an issue.

The January 2015 and May 2016 letters had directed schools to allow transgender students to use restrooms and locker rooms according to their expressed gender or risk losing federal funding.

Bydalek said the Justice and Education departments made clear they won't rely on the views expressed within the letters.

The move essentially made the lawsuit moot.

Soon after, U.S. District Judge John Gerrard dismissed the case.

"The Department of Justice has restored the proper legal application of Title IX. Therefore, we dismissed our lawsuit. School districts will again have the freedom to fashion policies regarding sensitive privacy issues at the local level," said Suzanne Gage, a spokeswoman at the Nebraska Attorney General's office.

The office filed the legal challenge last July and was joined by nine other states: Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota and Wyoming.

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Public safety reporter

Lori Pilger is a Norfolk native and University of Nebraska-Lincoln graduate who has been a public safety reporter for the Journal Star since 2005.

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