In May, Texas and 12 other states filed suit against the Obama administration when it issued a transgendered bathroom policy across the nation in public schools. U.S. District Judge Reed O’Connor put a freeze on the policy in August when he found the “administration did not follow proper procedures for notice and comment in issuing the guidelines.”
Well, today, Judge O’Connor rejected the “administration’s request to narrow a nationwide injunction banning enforcement” of the policy.” He made a few changes to his original ruling, but now the Department of Education cannot “bring new cases enforcing transgender students’ access” to these “intimate facilities.”
“It is clear from Supreme Court and Fifth Circuit precedent that this Court has the power to issue a nationwide injunction where appropriate. Both Title IX and Title VII rely on the consistent, uniform application of national standards in education and workplace policy. A nationwide injunction is necessary because the alleged violation extends nationwide,” O’Connor wrote. “Should the Court only limit the injunction to the plaintiff states who are a party to this cause of action, the Court risks a ‘substantial likelihood that a geographically-limited injunction would be ineffective.'”
The ruling only affects those states “that don’t require gender separation by law or policy,” but only to those “that apply such rules themselves.”
Texas Attorney General Ken Paxton appreciates the judge’s order:
“The court’s reaffirmation of a nationwide injunction should send a clear message to the president that Texas won’t sit idly by as he continues to ignore the Constitution. The president cannot rewrite the laws enacted by the elected representatives of the people and then threaten to take away funding from schools to force them to fall in line,” Paxton said in a statement.
The administration has already planned to appeal the decision to the New Orleans-based 5th Circuit Court of Appeals. However, the White House refused to comment on the order and the Education Department referred questions to the Justice Department.
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