Former president Barack Obama issued “guidance” to schools receiving federal money to allow boys and men into girls’ and women’s restrooms and other privacy facilities.
A coalition of states, led by Texas, sued to stop it. A federal court issued a nationwide injunction.
U.S. District Judge Reed O’Connor contended that the administration exceeded its authority when it redefined Title IX of the Education Amendments of 1972 to include “gender identity” and that the directive would likely violate the Religious Freedom Restoration Act.
“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,” U.S. District Judge O’Connor wrote.
The former administration asked the court to limit the scope of the injunction to only the coalition of states, and the court refused. Now it appears the present administration won’t defend the “transgender” restroom edict. From the Wall Street Journal:
Newly instated U.S. Attorney General Jeff Sessions has shown an early sign of backing away from an Obama administration initiative that directs schools to allow transgender students to use the bathrooms and locker rooms of the sex with which they identify.
The signal came in a Friday court filing from Justice Department lawyers withdrawing a request made last year by the Obama administration. That request came in response to a judge’s ruling in a lawsuit challenging federal guidance to states on accommodating transgender students.
The DOJ will withdraw the request to limit the injunction, good news for women and girls in government schools who don’t want to share restrooms with biological males. The directive remains under a nationwide block.
During the campaign, President Trump said the matter should be a state issue, though most “transgender” restroom opponents probably believe no legislators — federal or state — should implement a law that allows such a privacy violation and a safety risk for the sake of people who pretend to be the opposite sex (and want dissenters to shut up about it).