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TEXAS JUDGE TEMPORARILY BLOCKS OBAMA'S TRANSGENDER DIRECTIVE ON BATHROOM RIGHTS IN SCHOOLS

source: http://abc11.com/politics/mccrory-applauds-texas-judge-ruling-on-obama-lgbt-order/1479317/

 

A federal judge in Texas has blocked the Obama administration's order that requires public schools to let transgender students use the bathrooms and locker rooms consistent with their chosen gender identity.

In a temporary injunction signed Sunday, U.S. District Judge Reed O'Connor ruled that the federal education law known as Title IX "is not ambiguous" about sex being defined as "the biological and anatomical differences between male and female students as determined at their birth."

The judge said his order, which applies nationwide, was not about the policy issues of transgender rights but his conclusion that federal officials simply did not follow rules that required an opportunity for comment before such directives are issued.

"This case presents the difficult issue of balancing the protection of students' rights and that of personal privacy ... while ensuring that no student is unnecessarily marginalized while attending school," he wrote.

The ruling was the second recent setback for transgender advocates. Earlier this month, the U.S. Supreme Court ruled that a Virginia school board can block for now a transgender male from using the boys' restroom while justices decide whether to fully intervene.

North Carolina Gov. Pat McCrory's office issued a statement applauding the decision.

"The federal court decision bolsters the efforts of Gov. McCrory, along with 22 other states, to protect the privacy of families and children in our school bathrooms, locker rooms and shower facilities," said McCrory's Communications Director Josh Ellis. "We're also pleased that a federal court has sided with Gov. McCrory's position that the Obama administration has overstepped its authority by bypassing Congress and the courts."

Texas and 12 other states challenged the White House directive as unconstitutional.

The judge also sided with Republican state leaders who argued that schools should have been allowed to weigh in before the White House directive was announced in May.

Texas Attorney General Ken Paxton had argued that halting the Obama order before school began was necessary because districts risked losing federal education dollars if they did not comply. Federal officials did not explicitly make that threat upon issuing the directive, although they also never ruled out the possibility.

"This president is attempting to rewrite the laws enacted by the elected representatives of the people and is threating to take away federal funding from schools to force them to conform," Paxton said. "That cannot be allowed to continue, which is why we took action to protect states and school districts."

The Justice Department issued a brief statement saying it was disappointed in the ruling and was now reviewing its options.

The ruling does not prohibit schools that allow transgender students to use the facilities of their choice from continuing to do so.

"The Texas Attorney General is doing more to protect North Carolina children than our own Attorney General, Roy Cooper," said NC GOP Executive Director Dallas Woodhouse in a statement. "Cooper continues to fail in doing his only job - to defend North Carolina and her laws.

"In fact, Roy Cooper refused to protect our children when he refused to defend North Carolina from the Obama Administration's illegal overreach in this case. Roy Cooper should stop pushing the Obama Administration's extreme radical social agenda, and instead he should show up for work," Woodhouse added.

Paul Castillo is a Dallas attorney for the gay rights group Lambda Legal, which had urged the court to let the White House directive stand. He said the latest ruling was a continuation of attacks on transgender people.

"I think today is going to be a hard day for transgender students," Castillo said. "The decision is certainly emotional and certainly an attack on transgender students' dignity."

Tami Fitzgerald, executive director of North Carolina Values Coalition, said in a statement that the ruling means "the University of North Carolina and school districts across the state such as Charlotte-Mecklenburg Schools can no longer chose to ignore HB2. Under the Texas Federal judge's order, the Obama Administration's interpretation of the word "sex" in Title IX to mean "gender identity" is enjoined nationwide: therefore, CMS, UNC and all other school districts and public universities must now comply with North Carolina's law (HB2) that clearly requires local boards of education and state agencies to make sure that multi-occupancy bathrooms or changing facilities are designated for and used only by students based on their biological sex."

The federal government issued the mandate days after the Justice Department sued North Carolina over a state law that requires people to use public bathrooms that correspond with the sex on their birth certificate. U.S. Attorney General Loretta Lynch likened that law to the policies of racial segregation. Republicans have argued such laws are commonsense privacy safeguards.

The Obama administration had told the court that recipients of federal education dollars were "clearly on notice" that anti-discrimination polices must be followed. Texas alone gets roughly $10 billion in federal education funds.

"The Obama administration cannot unilaterally disregard and redefine federal law to accomplish its political agenda of forcing girls to share locker rooms and showers with boys," said Matt Sharp, legal counsel for Alliance Defending Freedom. "The court in this case made clear that the administration ignored the federally required public notice and comment process as well as the crystal clear meaning of Title IX in its attempt to force its will on the American people."

The lawsuit was filed in May by Texas, Alabama, Wisconsin, West Virginia, Tennessee, Oklahoma, Louisiana, Utah and Georgia, and the Republican governors of Maine, Mississippi and Kentucky. Two small school districts in Arizona and Texas, which have fewer than 600 students combined and no transgender persons on their campuses, also joined the effort to prevent the directive from being enforced.

"This ruling, while not surprising, sends a terrible message to transgender and gender nonconforming students that they don't deserve the same opportunities to succeed in school as other students," said Nathan Smith, director of public policy for Gay, Lesbian and Straight Education Network (GLSEN). "This ruling comes from a court specifically chosen for its track record of being on the wrong side of history. It is not the end of our fight to ensure that all students attend schools that are safe and affirming."