On February 22, 2017, the United States Departments of Education and of Justice jointly issued a guidance letter effectively withdrawing protections under Title IX for transgender students related to school bathroom use.  Notwithstanding the new administration’s “guidance,” on February 27, 2017, in Juliet Evancho, et al. v. Pine Richland School District, et al., the Honorable Mark Hornak of the United States District Court for the Western District of Pennsylvania entered a preliminary injunction enjoining the school district from enforcing any policy, practice, or custom preventing transgender students in that school from using the bathrooms consistent with their gender identities.  Notably, the court did address, in detail, the recently issued guidance letter — and was forced to conclude that the law with respect to Title IX and transgender rights is “so clouded with uncertainty that this Court is not in a position to conclude which party in this case has the likelihood of success on the merits of that statutory claim.”  However, the court was able to conclude that the plaintiffs had established   a likelihood of success on the merits with respect to their claim that the district’s policy “does not afford them equal protection of the law as guaranteed under the Fourteen Amendment” – thus satisfying the requirements for entry of a preliminary injunction.