Texas is signaling the state will challenge an Obama administrative directive over bathroom access for transgender students in public schools. Private schools will increase.
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“He issued a policy that does nothing to improve our schools, nothing to improve math and reading scores”, Patrick said during an interview on CNN.
Earnest defended the measure, saying it’s “not an enforcement action” and came at the request of school systems seeking guidance about how to treat transgender students.
“He says he’s going to withhold funding if schools do not follow the policy”, Patrick said.
No medical diagnosis or documents are needed to prove a transgender identity.
The directive comes as some states – North Carolina, in particular – have passed or are considering laws that would require transgender individuals to use the bathroom that corresponds to their biological sex assigned at birth rather than their gender identity.
The battle was already well underway in the U.S. Court of Appeals for the 4th Circuit, which ruled on April 19 in a 2-1 decision that the Gloucester County (Virginia) School Board must defer to the Department of Education’s interpretation of the Title IX.
Patrick said stripping federal funding would hurt poor Texas students because the bulk of education aid to Texas pays for their free or reduced-price lunch options.
Speaking on Friday, Patrick argued that opposition to the guidelines “has nothing to do with anyone being against a transgender child or a gay child”.
“We will not sell out our children to the federal government”.
“Well, I think this does underscore the risk of electing a right-wing radio host to a statewide office”, press secretary Josh Earnest said of Patrick.
The dissenting judge, Paul V. Niemeyer, reflecting an argument now being made by North Carolina and others in the fight against the government, took issue with the deference and the interpretation and raised a “bodily privacy” right that is increasingly being heard from groups opposed to the administration’s attempts to force change in bathroom and locker room policies.
“This is the most outrageous example yet of the Obama administration forcing its liberal agenda on states that roundly reject it”, said Mississippi Republican Gov. Phil Bryant. “I want you to know, I am working with the governor of North Carolina, and we are going to fight back”.
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“We will work our way through this”, Patrick said. His administration also filed a lawsuit Monday against the federal government.
