AUSTIN, Texas A USA judge blocked Obama administration guidance that transgender public school students must be allowed to use bathrooms of their choice, granting a nationwide injunction sought by a group of 13 states led by Texas.
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The ruling comes after the Obama administration issued its transgender bathroom policy in May stating that, under Title IX, “schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status”.
The release of detailed guidance by the Departments of Education and Justice came in May as the federal government sued the state of North Carolina for its law forcing trans students to use bathrooms matching the gender on their birth certificate. When the law was passed, “the plain meaning of the term sex”, the judge wrote, “meant the biological and anatomical differences between male and female students as determined at their birth”. “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”.
O’Connor, who former President George W. Bush nominated in 2007, did not issue a ruling from the bench this month after a hearing during which state attorneys argued the guidelines unconstitutionally “hold a gun to the head” of states and school districts and place students in danger. That prompted nine states and three individual governors, including LePage, to challenge the policy as “unconstitutional”.
The Justice Department issued a brief statement saying it was disappointed in the ruling and was now reviewing its options.
The directive says public schools must allow transgender students to use bathrooms that match their gender identity.
He also found that the Administration didn’t allow for any comment on the guidelines.
In his 38-page ruling, the judge also questioned whether the federal government can create such a directive.
“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”, Bevin said in a statement Monday. “The court has overstepped its bounds in determining that the federal agency empowered to interpret the law, using its expertise in understanding school issues among our youth, may not do so simply because a judge disagrees with their interpretation”.
But other supporters of transgender rights say they’ll continue to fight for students’ ability to go to school without facing discrimination.
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The case was filed by a long list of state attorneys general, including Ken Paxton of Texas, Scott Pruitt of Oklahoma, and Jeff Landry of Louisiana.
