Today, on the first day of school for most Texas schools, a Texas federal court judge has stopped the enforcement of Obama’s bathroom directive, which would have forced Texas schools to allow boys into girls bathrooms, shower rooms and locker rooms. Texas Attorney General Ken Paxton’s team appeared in a Texas federal court two weeks ago to request a preliminary injunction, a temporary stop to the enforcement of the Obama administration’s dangerous school guidelines issued for public schools earlier this year.
President Obama’s administration sent a non-binding letter to schools across the nation earlier this year threatening to take away Title IX funding if schools do not adopt the administration’s rule to allow boys into girls’ showers, locker rooms, bathrooms, etc. Texas is leading a lawsuit of 13 states to stop the Obama administration’s attack on public schools. A total of 23 states are now suing the Obama administration because of the dangerous guidelines. The judge’s order can be found here.
Jonathan Saenz, President and Attorney of Texas Values released the following statement:
“When parents send their children to school today, they can focus on education and rest assured that their privacy and safety is protected. We are thankful that Texans are leading the way to defend the safety and privacy of Texas students before they go back to school.”
In summary, the judge ruled that the Obama Administration’s bathroom edict was unlawful for two independent reasons: First, the Obama Administration violated the Administrative Procedures Act (APA) by issuing this ukase without going through notice-and-comment rulemaking. Second, even if the Administration had followed the procedures required by the APA, its policy would still be unlawful because it contradicts the unambiguous text of Title IX and its implementing regulations.
The opinion states, in part:
“Defendants failed to comply with the Administrative Procedures Act by: (1) foregoing the Administrative Procedures Act’s notice and comment requirements; and (2) issuing directives which contradict the existing legislative and regulatory texts.”
“[T]he Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.”
“It cannot be disputed that the plain meaning of the term sex as used in § 106.33 when it was enacted by DOE following passage of Title IX meant the biological and anatomical differences between male and female students as determined at their birth.”
The order also states that “The Court concludes this injunction should apply nationwide.” It makes clear that the injunction covers the entire nation and prevents the federal government from relying on the May 13, 2016 “significant guidance” or its view that “sex” in Title IX includes “gender identity.”
Last month, the Fort Worth Independent School District (FWISD) reversed its dangerous policy that would have allowed boys into girls’ showers, locker rooms, and bathrooms. Parents, students, and citizens spoke out for months against the dangerous policy and Atty. Gen. Ken Paxton issued a legal opinion that found the rules were in violation of state law.
Recently, the U.S. Supreme Court weighed in on the issue by implementing a temporary hold on a ruling from the U.S. Court of Appeals for the 4th Circuit that would have forced a Virginia school district to implement a school bathroom policy that would allow boys into girls bathrooms.
Texas Values has been the leading statewide voice and resource on privacy, safety, and “bathroom” issues on local, regional, and state level matters.
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