Jump to content

Sign in to follow this  
News Feeds

Judge doubles down against Obama's bathroom plan

Recommended Posts



A federal judge on Wednesday doubled down on his suspension of Barack Obama’s transgender bathroom plan for schools – affirming that the injunction prevents the imposition of the program across the whole nation.


“It is clear from Supreme Court and Fifth Circuit precedent that this court has the power to issue a nationwide injunction where appropriate,” ruled U.S. District Judge Reed O’Connor, in Texas. “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. Defendants are a group of agencies and administrators capable of enforcing their guidelines nationwide, affecting numerous state and school district facilities across the country.


“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 wouuld be ineffective.'”


The Obama administration has announced that it is re-interpreting federal non-discrimination law so that “sex” – and bans on discrimination on that basis – includes “gender identity.”


That means a boy who says he’s a girl would have to be allowed in a girls’ shower room, or vice versa.


See what American education has become, in “Crimes of the Educators: How Utopians Are Using Government Schools to Destroy America’s Children.”


Several states sued and O’Connor earlier issued the injunction against the application of that newly discovered meaning.


The Obama administration then complained that it was too broad, that officials should be able to impose their new definition in other cases not involving the plaintiff states.


Officials for the Alliance Defending Freedom who are involved in a number of challenges to the Obama administration strategy to impose open restrooms on public schools, said the injunction needed to be nationwide “to prevent harm to children in other parts of the country.”


ADF Legal Counsel Matt Sharp explained, “The Obama administration cannot hold hostage the privacy rights and dignity interests of boys and girls across America. The federal court’s affirmation of its previous order halting the Obama administration’s unlawful threats against schools across the nation preserves the authority of local schools to act in the best interest of their students and not out of fear of being stripped of their federal funding.


“The court made clear that the Obama administration’s unlawful actions put children at risk and that it cannot unilaterally disregard and redefine federal law to accomplish its political agenda of forcing girls to share locker rooms and showers with boys. Schools have a duty to protect the privacy, safety, and dignity of all students, and this order ensures that they may continue to fulfil that duty.”


Federal agencies had argued that schools that failed to abide by their new definition of “sex” could be subject to loss of federal funding.


WND reported at the time the judge issued his original order that it was a major blow to Obama’s alternative-sexual-behaviors agenda.


The basis of the Obama adminstration’s argument is that it believes when Congress adopted the nondiscrimination law in 1972, it had open restrooms and showers – allowing students of either physical sex access – in view.


At that time, 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 administration has been accused of ignoring 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 Obama plan 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,” a report said.


The judge also ordered additional briefing on whether Title VII is implicated by the injunction and whether the injunction “applies to OSHA or DOL activity.”


One of the more egregious situations to have developed by school officials following Obama’s plan came in Minnesota.


There, a lawsuit has been filed against a school for allowing a partially clothed boy to “twerk” in front of female classmates while they changed their clothes for physical education and sports events.


The ADF, which brought that case, also has cases against school districts in Illinois and Ohio over the same issue.


See what American education has become, in “Crimes of the Educators: How Utopians Are Using Government Schools to Destroy America’s Children.”


Continue reading...

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  


Important Information

Your Privacy Is Important To Us Learn More: Privacy Policy