Court Victory Take II – Judge Blocks Obama’s Transgender Guidance AGAIN
A Federal Judge in Texas issued a preliminary injunction against Obama’s transgender “guidance” late Sunday, just one day before many students went back to school or college across Texas and other states. It effectively leaves the status quo for another court to decide.
Status Quo until someone else rules
The Supreme Court did the same thing in another case recently- issued a preliminary injunction until the case could be decided with a full court.
In a 38-page order released Sunday, U.S. District Court Judge Reed O’Connor said the “status quo” should remain in place nationwide until the court rules on the case, or a federal appeals court provides further guidance.
O’Connor did not issue a ruling from the bench earlier this month after a hearing during which state attorneys — as part of a Texas-led, 13-state effort to block the guidelines nationwide — argued they unconstitutionally “hold a gun to the head” of states and school districts.
Leave it alone
The judge issued the ruling late Sunday night. At issue is Title IX, which is interpreted by the Department of Justice as including the transgender bathroom issue.
“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…
…the law specifically permits educational institutions to provide separate toilets, locker rooms, and showers based on sex, provided that the separate facilities are comparable.” Judge Reed O’Connor
But the crux of his ruling is that the Obama administration also issued with their “guidance” a threat- to pull all federal funding of schools.
The ruling should prevent federal agencies from using the guidance to threaten to revoke federal financial assistance from schools.