A federal judge in Texas has temporarily blocked the Obama administration's directive that requires schools to allow students to choose which restroom they use based on their perceived gender identity.
U.S. District Judge Reed O'Connor's 38-page order said federal agencies exceeded their authority under the 1972 law banning sex discrimination in schools. The injunction applies nationwide, and follows a number of other recent court rulings against transgender students and employees.
The Texas ruling, issued late Sunday, turned on the congressional intent behind Title IX of the Education Amendments of 1972, which requires that "facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex."
"It cannot be disputed that the plain meaning of the term sex" in that law "meant the biological and anatomical differences between male and female students as determined at their birth," the judge wrote. "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."
Additionally, the judge ruled that the directive did not follow the law that requires public input before determining new regulations.
Judge O'Connor suggested that states could determine their own rules for transgender bathrooms. “Those states who do not want to be covered by this injunction can easily avoid doing so by state law,” said O'Connor.
The case was brought to court by Texas Attorney General Ken Paxton and included two school districts and 12 other states. The plaintiffs argued that the administration's directive came with the threat of revoking federal federal education funds if school districts refused to comply.
Paxton praised the ruling: "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. 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.”
A Department of Justice spokesman said "We are reviewing our options" regarding the courts ruling.