Federal court blocks Obama’s
transgender-bathroom order, 'This
president is attempting to rewrite the laws enacted by elected
representatives', by Bob Unruh, 8/22/16, WND
In a major blow to the Obama administration’s
alternative-sexual-behaviors agenda, a federal judge in Texas late Sunday night
blocked the president’s order to open public school restrooms and shower rooms
according to “gender identity” and allow boys who believe they are girls to use
girls’ facilities.
U.S. District Judge Reed O’Connor of
Fort Worth found that the Obama administration did not follow proper procedures
in creating the directives. Further, he said the guidelines contradicted
existing statutes and regulatory texts, the
Dallas Morning News reported.
The ruling follows the Obama
administration’s order to allow transgendered persons to serve in the military.
In defense of its order, the
government has cited Title IX regulations, arguing “sex” is a protected class.
The lawsuit counters that the government is presuming that when Congress
adopted the law in 1972, it had open restrooms and shower rooms in view.
Reacting to the ruling, Matt Sharp
of Alliance
Defending Freedom said the Obama administration
“cannot unilaterally disregard and redefine federal law to accomplish its
political agenda of forcing girls to share locker rooms and showers with boys.”
“The court in this case made clear
that the administration ignored the federally required public notice and
comment process as well as the crystal clear meaning of Title IX in its attempt
to force its will on the American people,” he said. “We are currently reviewing the
order to determine the positive impact this order has for the cases that ADF is
litigating against the departments of Education and Justice in Illinois, North
Carolina and Ohio. Schools have a duty to protect the privacy, safety, and
dignity of all students, and this order certainly helps them in fulfilling that
duty.”
The judge pointed out, “It cannot be
disputed that the plain meaning of the term sex as used in [existing law] 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.”
Liberty Counsel’s Mat Staver said the Obama directive “was a lawless and
ridiculous act by the president and we must continue to reject the Obama
bullies.” “The facts show that one in four
girls and one out of every six boys under 18 will be sexually assaulted,” Staver
said. “This unconstitutional mandate would have only increased those
statistics.”
The U.S. Supreme Court already has
stepped into the issue blocking
a court order in Virginia that gave a girl who identifies as a boy the right to
use boys’ restrooms. The order will stand until the
Supreme Court decides whether to accept the case.
The decision in Fort Worth came in a
case brought by Texas and about a dozen other states. Texas officials said the
administration’s demand “hold a gun to the head” of school districts,
threatening them with the loss of funding. Texas Attorney General Ken Paxton
told the Morning News it was an “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,” he said in a prepared statement.
The preliminary injunction, which
comes as public schools prepare to reopen, applies nationwide. “This case
presents the difficult issue of balancing the protection of students’ rights
and that of personal privacy when using school bathrooms, locker rooms,
showers, and other intimate facilities, while ensuring that no student is
unnecessarily marginalized,” the judge said
Dozens of pastors in Ohio lobbied
for the state to ignore Obama’s mandate, and in Texas, officials suggested that
was a viable option. The Ohio pastors said in a letter that the Department of
Education’s transgender advocacy “defies objectivity and logic.” Further, in
puts in jeopardy the safety of “vulnerable women and children.”
WND
reported in July when family policy experts at the Ruth Institute warned the Obama administration agenda to push
transgenderism on public schools forces children to adopt the “ideological
agenda” of homosexuality.
The organization has issued a report
on Obama’s “Guidance
to Help Schools Ensure the Civil Rights of Transgender Students” released in May by the departments of Justice and
Education.
The guidance requires that public
schools and universities allow students to choose their “gender identity” and
grant them access to gender-specific facilities. Since such identities are
“fluid,” a student could see himself as male one day and female the next,
according to administration guidelines. It would allow a boy to shower with
girls, for example, if he tells school officials he is a girl on that particular
day.
Obama’s rules specifically forbid
schools from asking for any sort of documentation or medical evidence that a
student is receiving hormone treatment or has had any surgery. The guidance, however, ignores the
right of students not to be exposed to unclothed members of the opposite sex.
A separate group of states also had
sued, in addition to the case led by Texas, which charged Obama “conspired to
turn workplaces and educational settings across the country into laboratories
for a massive social experiment, flouting the democratic process, and running
roughshod over commonsense policies protecting children and basic privacy
rights.”
The Ruth Institute, dedicated to
creating a Christ-like social movement to address family breakdown, said in its
report that even “transgender” children are not helped.
“The transgender movement is
controversial, even among the wider gay rights movement,” the report said.
“Lesbian feminist professor Sheila Jeffreys describes male-bodied transgenders
as invading women-only spaces and exercising a form of male privilege. The
federal government should not be imposing an ideological agenda, much less
taking sides in an internal quarrel within the larger gay rights movement.”
The report continued: “The public
schools have no business enlisting small children in an ideological crusade of
any kind. Creating a day to day living environment that implements the most
controversial plank of the transgender political regime does exactly that:
enlists the children in an ideological crusade. Certainly, the federal
government should not be conscripting every public school in America in an
ideological movement, and drafting every public school child in America as its
foot soldiers.”
The report said school boards are
within their rights to refuse to participate “in the federal government’s war
against nature.” The report was prepared by Jennifer Roback Morse, institute
founder, who said the dictates from Washington are not helping people.
The guidance allows students to hide
from their parents that they are presenting themselves as “transgender,”
establishes “transgenders” as a political class but not a medical class and
“will certainly harm the millions of ordinary children who are not struggling
with gender identity issues,” the report said.
“These guidelines do not serve the
interests of children. Young people are not fully developed in their sense of
identity, including their sense of gender identity. Children who are so
confused about who they are that they identify as something other than their
bodily gender need adult supervision, and greater bodily privacy, not less of
each. They would benefit from the supervision and privacy afforded by use of a
single stall or staff bathroom,” the institute said.
Obama’s executive action allowing as
many as 5 million illegal aliens to remain in the United States also has been
suspended by a federal judge in an ongoing case.
http://www.wnd.com/2016/08/judge-blocks-obamas-transgenders-schools-mandate/
Breaking
News: Federal Judge Blocks Obama Administration’s Transgender Bathroom
Directive for Schools. By Sonya Sasser, 8/22/16, Politichicks,
The Obama administration had
recently sent out a directive threatening to take away federal funding from any
school that refused to let boys who identify as girls use the bathrooms of
their choice. However, according to Ken Paxton, Texas
Attorney General: “Late yesterday, U.S. District
Judge Reed O’Connor issued a nationwide injunction prohibiting the Obama
administration from enforcing its bathroom directives against public schools
across the country. Texas Attorney General Ken Paxton represents a 13-state
coalition in the federal court lawsuit in the Northern District of Texas
challenging the Obama administration’s unlawful federal directive that schools
allow students to use whatever bathrooms and other intimate facilities they
prefer. Attorney General Paxton released the following statement after the
court’s ruling in favor of the Texas-led coalition:
“We are 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. 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.”
The court prevented the federal
government from relying on its flawed, unlawful guidance documents to schools
and employers in an injunction that is effective nationwide.”
https://texasattorneygeneral.gov/news/releases/ruling-in-favor-of-school-and-state-rights-federal-court-stops-enforcement
http://politichicks.com/2016/08/breaking-news-federal-judge-blocks-obama-administrations-transgender-bathroom-directive-schools/
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