The temporary injunction issued yesterday against the Obama administration’s transgender directive to public schools extends beyond Texas, putting a stop to all federal investigations under Title IX related to gender identity.
The injunction applies to the 13 states in the Texas-led lawsuit and 10 additional states that filed suit against the administration’s interpretation of Title IX. Claiming to give guidance for the “ambiguous” definition of the word “sex” in the 1972 federal anti-discrimination regulation, the departments of Education and Justice in May declared the word also includes “gender identity.” They ordered all public schools to allow students to use the restrooms and locker rooms that correspond with their gender of choice, rather than their biological sex.
In his order, District Judge Reed O’Connor said the Department of Education had “drawn a line in the sand” by compelling public schools and universities to toe that line or face penalties for noncompliance. The government’s expected appeal will send the case to the 5th U.S. Circuit Court of Appeals.
“The court finds that defendant’s rules are legislative and substantive,” O’Connor wrote. “Although defendants have characterized the guidelines as interpretive, post-guidance events and their actual legal effect prove that they are ‘compulsory in nature.’”
After examining a legal landscape littered with lawsuits stemming from the administration’s interpretation of Title IX, O’Connor determined schools that refused to comply put their federal funding at risk.
O’Connor noted the ongoing legal battles over transgender persons’ use of public restrooms in North Carolina and Virginia illustrated the federal government’s “guidance” has resulted in costly litigation and the assurance of a U.S. Supreme Court ruling on the meaning of the word “sex.”
And public K-12 schools aren’t the only ones worried about Title IX compliance. Facing the loss of federal funds or their religious and moral integrity, the presidents of seven South Carolina private Christian colleges have asked Gov. Nikki Haley to champion the cause of religious liberty for schools facing the Hobson’s choice of compliance or loss of funding.
Source: Federal judge halts rush to redefine sex – Sexuality – WORLD