Houston Chronicle

Feds to appeal transgende­r policy injunction

5th Circuit interventi­on sought in fight over student bathroom use

- By Cindy George cindy.george@chron.com

The Obama administra­tion plans to appeal an injunction by a North Texas federal judge that halted the implementa­tion of new guidelines on transgende­r student bathroom use.

The government said it would appeal after U.S. District Judge Reed O’Connor on Wednesday issued an order clarifying that his ruling applies nationwide.

Then, on Thursday, lawyers representi­ng the U.S. Department of Justice and other federal agencies filed a notice indicating their intent to ask the 5th U.S. Circuit Court of Appeals to intervene before a lawsuit about the guidelines is decided by the district court.

The defendants have questioned the injunction on several grounds, including whether the ban applies to employees — such as transgende­r teachers and staff.

Texas Attorney General Ken Paxton said the appeal notice “merely showcases the impatience and overzealou­sness that led the Obama administra­tion to bypass Congress and attempt to foist an illegal policy onto the states,” according to a statement released by his office. ”We are confident that the rule of law will prevail.”

In May, the U.S. Department of Justice and the U.S. Department of Education issued a letter stating that the federal agencies “treat a student’s gender identity as the student’s sex for purposes of Title IX and its implementi­ng regulation­s.” Title IX prohibits sex discrimina­tion in educationa­l programs and activities.

The same month, officials and agencies representi­ng 11 states including Texas and led by Paxton sued the Obama administra­tion about the guidelines. The plaintiffs now include representa­tives from 13 states.

O’Connor granted a preliminar­y injunction in August. He presides over the Wichita Falls division in the Northern District of Texas.

Wednesday’s order was a partial response to the defendants’ request for the judge to clarify his ban on several issues, including whether it applied beyond the jurisdicti­ons that have sued.

“A nationwide injunction is necessary because the alleged violation extends nationwide. Defendants are a group of agencies and administra­tors capable of enforcing their guidelines nationwide, affecting numerous state and school district facilities across the country,” O’Connor’s order said. “Should the court only limit the injunction to the plaintiff states who are a party to this cause of action, the court risks a ‘substantia­l likelihood that a geographic­ally-limited injunction would be ineffectiv­e.’ ”

This week, Paxton also heralded the judge’s assertion that the injunction had force across the entire country.

“I am proud to lead a coalition of 13 states against the Obama administra­tion’s latest illegal federal overreach,” the attorney general’s statement said. “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.”

 ?? Associated Press file ?? Gender neutral bathrooms, like this one at a Seattle high school, are the focus of the legal dispute between federal officials and 13 states including Texas.
Associated Press file Gender neutral bathrooms, like this one at a Seattle high school, are the focus of the legal dispute between federal officials and 13 states including Texas.

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