Last May the administration issued guidance instructing public schools that under its interpretation of Title IX, “schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status”.
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Uselman also says that they have private bathrooms in schools that transgender people can use.
Bathroom debate over transgender bathroom access. He found that the administration didn’t follow the proper notice and comment process for the guidelines.
The order came as numerous nation’s public schools were preparing to begin the new academic year, and means they might not face federal sanctions if they choose to do nothing different to accommodate the restroom and locker room choices of transgender students, NBC news reported on Monday.
“I think today is going to be a hard day for transgender students”, Castillo said.
Calling the joint report unconstitutional, the states asked for an injunction to prevent the new guidelines from affecting the state of the 2016-2017 school year.
In March of 2015, Judge O’Connor also sought to block Family and Medical Leave Act (FMLA) rights for legally married same-sex couples despite the Supreme Court of the United States’ decision in United States v. Windsor (2013).
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“We are pleased the federal court has put a halt to the Obama administration’s absurd proposals for bathroom and locker room policy in our public schools”.
US District Judge Reed O’Connor ruled Sunday in favor of Texas and 12 other states, which have sued the federal government over the new rules, meant to create safer environments for transgender students at public school districts and universities.
O’Connor, an appointee of Republican President George W. Bush, said the guidelines from the defendants, which included the U.S. Departments of Education and Justice, were legislative and substantive.
“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threating [sic] to take away federal funding from schools to force them to conform”.
Early this year the Education and Justice Departments sent a letter to schools nationwide saying that they must honor the bathroom choices of transgender students.
Also, the Justice Department asked Schroeder to declare that North Carolina’s House Bill 2 violates separate employment and education provisions of civil rights law, Wettach said, making the court fights distinct.
“Once again a federal district court has prohibited the (Obama) Administration from unilaterally changing the law without complying with well-settled procedures on Congressional action”, Slatery said through a spokesman.
The high Court may choose to hear the case this fall when the next term begins in October, putting transgender issues under the public spotlight again in just a few months.
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He justified the injunction because he felt there is a strong likelihood the states will win their case.
