O’Connor ruled that the federal anti-discrimination 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”.
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Justice Department spokeswoman Dena Iverson said the “department is disappointed in the court’s decision, and we are reviewing our options”. Also listed as plaintiffs are three religiously affiliated nonprofit medical groups represented by the Becket Fund for Religious Liberty, which was part of the case that led to the U.S. Supreme Court’s Hobby Lobby decision overturning the ACA’s contraception mandate.
Without an injunction of the federal guidelines, O’Connor argued, local authorities would be put in “the position of either maintaining their current policies in the face of the federal government’s view that they are violating the law, or changing them to comply with the guidelines and cede their authority over this issue”. “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”.
“This is the thirteenth lawsuit I have been forced to bring against the Obama Administration’s continued threats on constitutional rights of Texans”, Attorney General Paxton stated.
“Ken Paxton’s continued attacks on transgender Americans are politically motivated, created to intimidate and simply beyond the pale”, said Jay Brown, HRC communications director. “After months of demonizing and targeting transgender students, it seems he has decided that all transgender people must be the target of his machination.
Thankfully, the injunction he issued applies nationwide and temporarily blocks this administration from requiring school districts to allow transgender students to choose which restroom and locker rooms to use”, wrote Graham. Republicans have argued such laws are commonsense privacy safeguards.
Nebraska Attorney General Doug Peterson said the suit addresses an attempt by the Obama administration to expand the definition of legal terms beyond that intended by Congress.
That law left some areas open to interpretation and thousands of consumers complain each year about being discriminated against, the U.S. Department of Health and Human Services said last year.
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The states involved in the lawsuit, according to the statement by the legal organizations, are: “Alabama, Georgia, Kentucky (through its governor), Louisiana, Mississippi (through its governor), Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin, and the Arizona Department of Education, the Heber-Overgaard Unified School District in Arizona, Harrold Independent School District in Texas, and Maine Governor Paul LePage”.
