Here’s some welcome news from the Department of Justice that hit my inbox.
MADISON, WI – On Sunday evening, a federal judge in Texas issued a broad nationwide injunction prohibiting the Obama administration from enforcing its new transgender policy against the states, schools, school boards, and other public institutions that receive federal Title IX funding. This lawsuit, filed by Texas, Wisconsin, and eleven other states stemmed from a May 13, 2016, letter written by the Obama administration claiming Title IX prohibited discrimination based on gender identity. Under the policy, schools and other institutions were threatened with the loss of federal funding if they did not immediately allow students and others to use the bathroom, locker room, and shower of their own choosing, based on their gender identity.
“The Obama administration’s efforts to re-write federal law without congressional approval have been, once again, rejected by a federal court,” said Attorney General Brad Schimel. “This is a victory for the rule of law and a clear statement that the federal government cannot force states to comply with an illegal policy that directly conflicts with existing federal law.”
Federal law currently prohibits sex discrimination but does not address gender identity discrimination, as had been argued by the Obama administration in this case. The court rejected the Obama administration’s position and held that the federal government may not rely on the administration’s position that the term “sex” in Title IX includes “gender identity.”
The case will proceed to trial, and is expected to be completed in the coming months.