A federal judge in Texas has temporarily blocked the Obama administration’s directive that school districts allow transgender students to use the bathroom corresponding to their gender identity.
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“A ruling by a single judge in one circuit can not and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination”, they said.
The judge issued the preliminary injunction late Sunday in response to a lawsuit filed by Texas and 12 other states.
Supporters of Obama’s directive also questioned how a district judge in Wichita Falls, Texas, could issue a blanket injunction for the entire USA when higher courts elsewhere have upheld transgender rights. “That can not be allowed to continue, which is why we took action to protect States and School Districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning”.
The guidance issued by the Justice Department and Education Department said public schools must allow transgender students to use bathrooms, locker rooms and other intimate facilities that correspond with their gender identity, as opposed to their birth gender, or face the loss of federal funds.
A federal judge in Texas issued a temporary order blocking the May 13 guidelines – which have drawn fire from state officials in more than a dozen states, including Idaho.
In his 38-page ruling, O’Connor found the Obama administration had failed to follow the Administrative Procedures Act, which requires the federal government to allow for comments on new proposed rules. That directive, released in May, described accommodations that schools must provide for transgender students.
The Department of Justice said in a statement it was disappointed in the decision and was reviewing its options. O’Connor did not rule on the constitutionality of the directive itself.
The Obama administration did not immediately respond to the ruling. “The Obama Administration’s directive unlawfully invades areas that are better left to local schools and parents to balance the needs of students, including their safety, privacy and dignity”. “It is shameful that opponents of equality have forced this lawsuit forward in an attempt to make transgender Americans pawns in a political game; but this ruling will not stand the test of time”.
“All students, regardless of their gender identity, deserve to be able to learn in an environment free from discrimination”.
Other states that joined the lawsuit over the order include Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin.
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An attorney for a gay rights group says the ruling is a continuation of attacks on transgender people.
