FORT WORTH, Texas — A federal judge has blocked the Obama administration’s directive that public schools around the country must allow students to use the bathroom and locker room facilities that align with their “gender identity,” rather than their biological sex.
Alabama and twelve other states had previously sued to block the order, which sought to coerce local schools into complying by threatening to withhold federal funding.
“The court decision is a victory for parents and children all across Alabama,” said Alabama Attorney Gen. Luther Strange. “I joined the multi-state lawsuit against the Obama administration in May to prevent Alabama schools from being forced to surrender their restroom access policies to social experimenters in Washington. I am pleased the federal court has agreed to our request to stay the controversial order while our lawsuit challenging the legality of the transgender order continues.”
Mr. Strange had previously recommended Alabama schools ignore the president’s order until the issue worked its way through the court system, but the University of South Alabama went ahead with implementing it anyway.
U.S District Judge Reed O’Connor subsequently ruled that the Obama administration had not followed proper procedures in creating the transgender bathrooms directive and put the order on hold. The underlying issue — whether Federal Gender Discrimination laws apply to transgender individuals — remains unresolved.
Transgender advocates assert that Title IX applies to those whose “gender-identity” does not correspond with their gender at birth.
Title IX states:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
President Obama defended his directive, telling BuzzFeed News it is society’s duty to protect vulnerable students.
“We’re talking about kids, and anybody who’s been in school, been in high school, who’s been a parent, I think should realize that kids who are sometimes in the minority — kids who have a different sexual orientation or are transgender — are subject to a lot of bullying, potentially they are vulnerable,” Obama said. “I think that it is part of our obligation as a society to make sure that everybody is treated fairly, and our kids are all loved, and that they’re protected and that their dignity is affirmed.”
A group of Alabama congressmen responded, saying “neither statute nor legal precedent has extended civil rights protections based on gender identity.”
The ultimate ruling, the timing of which remains uncertain, will affect all of Alabama’s 1,637 public schools that service almost 745,000 children.
(h/t Dallas Morning News)
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