On Monday, USA Today reported that a federal judge in Texas issued a ruling that temporarily blocks Barack Obama’s edict regarding bathrooms, locker rooms and living facilities. The ruling comes just one day before classes begin in Texas.
Gregory Korte wrote:
U.S. District Judge Reed O’Connor’s 38-page order said federal agencies exceeded their authority under the 1972 law banning sex discrimination in schools. The injunction applies nationwide, and follows a number of other recent court rulings against transgender students and employees.
The Texas ruling, issued late Sunday, turned on the congressional intent behind Title IX of the Education Amendments of 1972, which requires that “facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex.”
“It cannot be disputed that the plain meaning of the term sex” in that law “meant the biological and anatomical differences between male and female students as determined at their birth,” the judge wrote. “Without question, permitting educational institutions to provide separate housing to male and female students, and separate educational instruction concerning human sexuality, was to protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex.”
The judge also found that the regime failed to get public input before implementing the “guidelines.” Additionally, states who wish to do so may implement their own transgender bathroom rules provided they follow state law.
“This case presents the difficult issue of balancing the protection of students’ rights and that of personal privacy when using school bathrooms, locker rooms, showers, and other intimate facilities, while ensuring that no student is unnecessarily marginalized while attending school,” Judge O’Connor wrote. “The sensitivity to this matter is heightened because defendants’ actions apply to the youngest child attending school and continues for every year throughout each child’s educational career.”
The case was brought by Texas Attorney General Ken Paxton, who praised the ruling as correcting “illegal federal overreach.”
“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threating to take away federal funding from schools to force them to conform,” he said. “That cannot 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.”
Justice Department spokeswoman Dena Iverson said the regime was disappointed in the ruling, adding that “we are reviewing our options.”
Which means the issue isn’t dead. But for the time being, children will not be forced to share bathroom, locker or shower facilities with those of the opposite sex.
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