In a huge blow to the Obama administration’s alternative sexual behaviors agenda, a federal judge has issued a preliminary injunction – covering the entire nation – that halts the president’s mandate that public schools open their restrooms, shower rooms and more essentially to all – allowing boys who say they are girls to share facilities – even bedrooms on school trips – with those of the opposite physical gender.
The Dallas Morning News said the decision from U.S., District Judge Reed O’Connor of Fort Worth found that the Obama administration didn’t follow “proper procedures in creating the directives. Further, he said the guidelines contradicted existing statutes and regulatory texts.”
The issue follows on Obama’s mandates to open the U.S. military to alternative sexual lifestyles, as well as his fight to destroy traditional marriage across the United States by imposing same-sex unions.
It’s a blow to the legacy Obama is trying to assemble as his second terms winds down, as the fight is unlikely to be fully resolved before he is out of the White House.
When the administration made the announcement in May, federal officials interpreted the word “sex” in nondiscrimination requirements to include gender identity and the like.
However, a number of states fought back, pointing out that in order for that to be correct, members of Congress decades ago, when they adopted the language, would have had to be intending that boys share showers with girls, and girls share restrooms with boys.
The issue already was heading to the U.S. Supreme Court, with its decision to step into the same fight in Virginia.
There, in a decision only a few weeks ago, the court blocked a lower tribunal’s decision that would have given a transgender student, a girl, access to the boys’ restroom at her Virginia high school.
It came in the case involving the student, Gavin Grimm, and the Gloucester school district, and the order will stand until the Supreme Court decides whether to accept the case.
The current decision came in a case brought to court by Texas and about a dozen other states. Texas officials had explained the Obama demands “hold a gun to the head” of school districts, ordering them to comply with the alternative sexual choice agenda or lose funding.
Texas Attorney General Ken Paxton told the Dallas News it was simply “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 just as public schools are starting back up across the nation, 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 just ignore Obama’s mandate, and in Texas, officials suggested that was a viable option.
The Ohio pastors said in a letter that the transgender advocacy from the U.S. Department of Education “defies objectivity and logic.”
Further, in puts in jeopardy the safety of “vulnerable women and children.”
WND had reported in July when family policy experts at the Ruth Institute warned the Obama administration agenda to push transgenderism on public schools, including demanding that boys be allowed in girls showers and vice versa, 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 government defended its policy by citing Title IX regulations, arguing “sex” is a protected class. The lawsuit counters that the government is presuming that when Congress adopted the law decades ago, it had open restrooms and shower rooms in view.
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, an 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 personal mandate that illegal aliens be allowed to obtain a legal status in the United States also met the same fate as his transgender agena – suspension at the hands of a federal judge who ruled the president didn’t have that authority.
That outcome also is pending.