O victorie pentru cei care țin la valorile conservatoare. Un judecător federal a blocat decretul Președintelui Obama, prin care se cerea ca școlile publice să asigure acces la toalete indiferent de sexul biologic al copiilor.
Federal court blocks Obama’s transgender bathroom order
By Bradford Richardson and Dave Boyer
A federal court in Texas has blocked the Obama administration’s order compelling public schools nationwide to regulate restroom and locker room access on the basis of gender identity rather than biological sex.
In his ruling halting the edict, U.S. District Judge Reed O’Connor said the administration failed to comply with federal rule-making procedures in violation of the Administrative Procedures Act.
The court sided with Texas and 13 other states that sued the federal government over the order, arguing that the mandate overstepped federal authority and misinterpreted Title VII and Title IX, which bar sex discrimination in employment and education, respectively.
Texas Attorney General Ken Paxton said he was “pleased that the court ruled against the Obama administration’s latest illegal federal overreach.”
“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,” Mr. 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.”
Judge O’Connor, who was appointed to the federal bench by President George W. Bush in 2007, said the Obama administration ran afoul of the Administrative Procedures Act by not including notice and comment.
He said in a ruling signed Sunday and made public Monday morning that the federal government’s interpretation of the anti-discrimination laws also flew in the face of the plain meaning of the statutes.
The judge pointed out that Title IX’s implementation regulation explicitly authorizes restrooms to be regulated on the basis of biological sex.
Judge O’Connor also applied his decision to enjoin the Obama order nationwide.
The ruling stems from an Obama administration edict in May compelling public schools across the nation to grant transgender students access to bathrooms, locker rooms and shower facilities corresponding with their gender identity. Noncompliant schools ran the risk of losing federal education funding.
The Obama administration argued that the order was only advisory and therefore not subject to rules under the Administrative Procedures Act. The judge threw out this argument, pointing to threats to pull federal education funding from noncompliant schools and a lawsuit attempting to force North Carolina to comply with the administration’s interpretation.