Law & Courts

Judge Blocks Guidance On Transgender Rights

By Evie Blad & Christina A. Samuels — August 30, 2016 3 min read
Texas Attorney General Ken Paxton hailed a federal judge’s order blocking, for now, Obama administration guidelines aimed at broadening transgender students’ access to restrooms and locker rooms in schools.
  • Save to favorites
  • Print

The national debate over transgender rights took yet another turn last week, after a federal judge in Texas temporarily blocked the Obama administration from enforcing new guidelines meant to expand students’ access to restrooms and locker rooms in schools.

In May, the U.S. departments of Education and Justice said that under Title IX, public schools must allow transgender students to use single-sex restrooms and locker rooms that align with their gender identity, even if it differs from their sex at birth.

U.S. District Judge Reed O’Connor, for the Northern District of Texas, Wichita Division, sided with Texas and 12 other state plaintiffs in his Aug. 22 order for a temporary injunction, which bars the federal agencies from enforcing the guidance and from initiating civil rights investigations in schools until he makes final judgment on the case.

Dispute Over Rulemaking

The Texas case centers largely on whether the federal agencies followed the proper process for rulemaking. The state plaintiffs argued that, under the Administrative Procedures Act, the departments were required to provide opportunity for notice and comment before setting a rule. But the federal agencies argued that they were merely interpreting an existing regulation.

Judge O’Connor found “that the plain meaning of the term sex as used in [a regulation relating to sex-segregated school restrooms] 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” and not the gender students identify with.

O’Connor also ruled that a temporary injunction was appropriate in the multistate case, one of two that are currently before federal courts.

See Also

Education Week reporter Evie Blad appeared on PBS NewsHour to discuss this significant court ruling and its effects. “Watch: A Discussion on the Latest Ruling on Transgender Students”

“The court concludes plaintiffs have established that the failure to grant an injunction will place them in the position of either maintaining their current policies in the face of the federal government’s view that they are violating the law, or changing them to comply with the guidelines and cede their authority over this issue,” O’Connor wrote.

In another case, the 4th U.S. Circuit Court of Appeals in Richmond, Va., took the Obama administration’s side, citing precedent and arguing that it was proper to defer to the federal interpretation of the law.

But the U.S. Supreme Court intervened in the Virginia case. On Aug. 3, the justices voted 5-3 to stay lower-court orders that would have allowed Gavin Grimm, who was born female but now identifies as a male, to use the boys’ restroom at his high school in Gloucester County, Va. The high court will decide later whether to take up the merits of that case for full argument and decision.

“The department is disappointed in the court’s decision, and we are reviewing our options,” a Justice Department spokesperson said in a statement in response to last week’s Texas injunction.

Texas Attorney General Ken Paxton and organizations advocating for transgender students also responded to the Texas order.

“This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threatening to take away federal funding from schools to force them to conform,” Paxton said in a statement. “That cannot be allowed to continue, which is why we took action to protect states and school districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning.”

Kentucky Gov. Matt Bevin, a Republican, also cheered the O’Connor ruling. Kentucky is one of the state plaintiffs that had joined Texas in its legal battle.

“It is difficult to imagine a more absurd federal overreach into a local issue,” Bevin said in a statement. “The president is not promoting unity. In fact, he is doing quite the opposite. He is intentionally dividing America by threatening to sue or withhold funding from our cash-strapped public schools if they do not agree with his personal opinion on policies that remain squarely in their jurisdiction. They should not feel compelled to bow to such intimidation.”

Several civil rights organizations that advocate on behalf of transgender students, including the American Civil Liberties Union and Lambda Legal, called the ruling misguided and said it does not eliminate the requirement that school districts “treat transgender students fairly.”

“A ruling by a single judge in one circuit cannot and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,” the groups said in a joint statement. “The court’s misguided decision targets a small, vulnerable group of young people—transgender elementary and high school students—for potential continued harassment, stigma, and abuse.”

Contributing Writer Mark Walsh provided information for this article.
A version of this article appeared in the August 31, 2016 edition of Education Week as Judge Blocks Guidance On Transgender Rights

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Creating Confident Readers: Why Differentiated Instruction is Equitable Instruction
Join us as we break down how differentiated instruction can advance your school’s literacy and equity goals.
Content provided by Lexia Learning
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
IT Infrastructure & Management Webinar
Future-Proofing Your School's Tech Ecosystem: Strategies for Asset Tracking, Sustainability, and Budget Optimization
Gain actionable insights into effective asset management, budget optimization, and sustainable IT practices.
Content provided by Follett Learning

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts District Can Deny Opt-Outs on LGBTQ+ Books, Court Rules
Religious parents objected to a Maryland district's policy ending opt-outs for elementary school 'storybooks' with LGBTQ+ themes.
5 min read
A pedestrian passes by the 4th Circuit Court of Appeals Courthouse, June 16, 2021, on Main Street in Richmond, Va.
A person walks near the U.S. Court of Appeals for the 4th Circuit's courthouse in Richmond, Va. A panel of the court denied an injunction seeking to restore religious parents' opportunity to opt their children out of LGBTQ+ "storybooks" in a Maryland district.
Steve Helber/AP
Law & Courts Brown v. Board of Education: 70 Years of Progress and Challenges
The milestone for the historic 1954 U.S. Supreme Court decision striking down racial segregation in schools is marked by a range of tributes
12 min read
People mill around the third floor of the Kansas Statehouse in front of a Brown v. Board of Education mural before hearing from speakers recognizing the 70th anniversary of the landmark Supreme Court case on April 29, 2024 in Topeka, Kan.
People mill around the third floor of the Kansas Statehouse in front of a Brown v. Board of Education mural before hearing from speakers recognizing the 70th anniversary of the landmark Supreme Court case on April 29, 2024 in Topeka, Kan.
Evert Nelson/The Topeka Capital-Journal via AP
Law & Courts Republican-Led States Sue to Block New Title IX Rule
A pair of lawsuits focus on the rule's protections for students' gender identity.
5 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus. Four Republican-led states filed a lawsuit Monday challenging the Biden administration's new Title IX regulation, which among other things would codify protections based on sexual orientation and gender identity.
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus. Four Republican-led states filed a lawsuit Monday challenging the Biden administration's new Title IX regulation, which among other things would codify protections based on sexual orientation and gender identity.
Patrick Orsagos/AP
Law & Courts Why It Will Now Be Easier for Educators to Sue Over Job Transfers
The case asked whether transferred employees had to show a 'significant' change in job conditions to sue under Title VII. The court said no.
8 min read
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022.
Light illuminates part of the Supreme Court building at dusk on Capitol Hill in Washington, Nov. 16, 2022. The high court on Wednesday, April 17, 2024, made it easier for workers, including educators, to sue over job transfers.
Patrick Semansky/AP