You have reached your limit of free articles this month.

Enjoy unlimited access to myStatesman.com

Starting at just 99¢ for 8 weeks.

GREAT REASONS TO SUBSCRIBE TODAY!

  • IN-DEPTH REPORTING
  • INTERACTIVE STORYTELLING
  • NEW TOPICS & COVERAGE
  • ePAPER
X

You have read of premium articles.

Get unlimited access to all of our breaking news, in-depth coverage and bonus content- exclusively for subscribers. Starting at just 99¢ for 8 weeks

X

Welcome to myStatesman.com

This subscriber-only site gives you exclusive access to breaking news, in-depth coverage, exclusive interactives and bonus content.

You can read free articles of your choice a month that are only available on myStatesman.com.

U.S. judge: Ban on transgender bathroom rule applies to all states


Clarifying an earlier ruling, a federal judge in Fort Worth said Wednesday that his injunction barring the Obama administration from enforcing its school directive on transgender bathrooms applied to every state in the nation.

Lawyers for the federal government, seeking to limit the injunction to Texas and 12 other states that challenged the directive, had asked for the clarification to be issued before Thursday, when it faced a deadline to appeal the injunction.

That appeal is still expected.

NEWS STRAIGHT TO YOUR INBOX: Click here to get our Morning Headlines email

U.S. District Judge Reed O’Connor also clarified that his temporary injunction, issued Aug. 21, applied only to the federal directive that public schools allow transgender students to use the bathroom and locker room that conforms with their gender identity. It didn’t otherwise affect the government’s “core missions to combat discrimination based on race, national origin or disability,” he said.

O’Connor, however, said he needed additional information to address three points of contention on his injunction:

  • Whether the injunction applies to investigations under Title VII of the U.S. Civil Rights Act, which protects against discrimination in public facilities and public education, “particularly as it applies to workplaces where school teachers or school staff may or must use the same intimate facilities as students.”
  • Whether the injunction also applies to rules set by the Department of Labor and the Occupational Safety and Health Administration.
  • Whether any part of the federal transgender guidelines can be reinstated if offending passages are removed.

  • Whether the injunction applies to investigations under Title VII of the U.S. Civil Rights Act, which protects against discrimination in public facilities and public education, “particularly as it applies to workplaces where school teachers or school staff may or must use the same intimate facilities as students.”
  • Whether the injunction also applies to rules set by the Department of Labor and the Occupational Safety and Health Administration.
  • Whether any part of the federal transgender guidelines can be reinstated if offending passages are removed.

The judge gave the Obama administration, which insists that federal officials had the legal authority to issue the transgender guidance, until Monday to address the remaining issues.

Texas Attorney General Ken Paxton, who is leading the 13-state coalition that challenged the transgender directive, has until Oct. 28 to submit a reply brief.

RELATED: Dan Patrick tells schools to ignore U.S. transgender policy

Paxton said the clarification affirms the principle that Congress, not the president, writes the nation’s laws.

“The court’s reaffirmation of a nationwide injunction should send a clear message to the president that Texas won’t sit idly by as he continues to ignore the Constitution,” Paxton said in a statement.

Chuck Smith, head of Equality Texas, said he hoped O’Connor’s ruling will be overturned on appeal. In the meantime, he said, school districts are free to provide access to bathrooms and locker rooms that meet a student’s gender identity, regardless of the status of the federal directive.

“Transgender children deserve to be treated with dignity and respect and not be subject to bullying and harassment for being their authentic selves. It is the duty of school districts to protect every child,” Smith said.


Reader Comments ...


Next Up in Local

Ten takes from the Trump inauguration: Alex Jones’ Night(cap) at the Newseum, the rise of the alt-Wrong, and more
Ten takes from the Trump inauguration: Alex Jones’ Night(cap) at the Newseum, the rise of the alt-Wrong, and more

  Good morning Austin: I have spent a week in Washington for Donald Trump’s inauguration as president. I am taking the next week off to go to New York. But before I do, here are ten takes on what I saw, because lists are where it’s at. 1 – The Curious Case of Donald Trump Donald Trump’s inaugural address is one for the...
U.S. Supreme Court declines to take up Texas voter ID case
U.S. Supreme Court declines to take up Texas voter ID case

The U.S. Supreme Court announced Monday that it will not review a lower-court ruling that found the state’s voter identification law to be discriminatory. In a rare move, Chief Justice John Roberts issued a statement explaining that the matter was not yet ready for Supreme Court review because voter ID case was returned to a Corpus Christi judge...
Man charged with skipping out on $56,240 in tolls
Man charged with skipping out on $56,240 in tolls

A New Jersey man was arrested Friday after police discovered he owed more than $56,000 in unpaid tolls.
Sunny skies and warm temperatures expected in Austin on Monday
Sunny skies and warm temperatures expected in Austin on Monday

Monday forecast for Austin: Forecasters are expecting a warm, mild day in Austin on Monday after a spate of heavy winds swept through the area on Sunday. According to the National Weather Service, temperatures in Austin will reach highs in the mid-70s on Monday afternoon as sunny skies set up in the area for the rest of the week. Highs should push...
Second person arrested in San Antonio mall shooting
Second person arrested in San Antonio mall shooting

A second arrest has been made in connection with the Rolling Oaks Mall shooting in San Antonio, police confirmed Sunday night. One person was killed Sunday afternoon around 3:30 p.m. and five people were injured when a robbery of a Kay Jewelers went awry, San Antonio police Chief William McManus said earlier Sunday. Two suspects were foiled in their...
More Stories