Federal judge temporarily blocks Obama’s transgender bathroom policy in schools

Aug 23, 2016

On Sunday night, a U.S. judge temporarily blocked the federal government from taking action against school districts that did not follow the current administration’s transgender bathroom policy.

There were 13 states who objected to President Obama’s policy, which allowed students to use bathrooms based upon the gender they identify with rather than the one assigned at birth.

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The ruling was granted based on the interpretation of Title IX, which prohibits sex discrimination in schools, colleges and universities.

Judge Reed O’Connor of the Northern District of Texas said the federal government didn’t give enough notice to districts or an opportunity to comment on the new bathroom policy before it went into effect.

“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 while attending school,” O’Connor wrote.

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The ruling comes after the Obama administration issued its transgender bathroom policy in May stating that, under Title IX, “schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgender status.”

Justice Department spokesperson Dena Iverson said of the decision, “The department is disappointed in the court’s decision, and we are reviewing our options.”

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