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A Victory in Federal Court for Ban on Transgender Bathrooms"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." -Texas Attorney General Ken Paxton
U.S. District Court Judge Reed O'Connor issued the order late Tuesday. Lawyers with the Justice Department wanted O'Connor to limit the injunction against the policy to the 13 states who filed suit. However, the judge said it was in his legal authority to ban the policy across the country. "It is clear from Supreme Court and Fifth Circuit precedent that this Court has the power to issue a nationwide injunction where appropriate," O'Connor wrote. "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," the judge continued. "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 Obama administration is expected to appeal. Politico reports that a White House spokeswoman did not respond right away to a request for comment on the ruling. The news site also reports that the Education Department referred questions to a spokeswoman with the Justice Department, who declined to comment. Texas Attorney General Ken Paxton, who is leading the suit, issued a statement. "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," he said. "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," he continued. Alliance Defending Freedom Legal Counsel Matt Sharp also issued a statement regarding O'Connor's order. ADF is a non-profit legal organization that says its mission is to advocate "for the right of people to freely live out their faith."
"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," Sharp continued. "Schools have a duty to protect the privacy, safety, and dignity of all students, and this order ensures that they may continue to fulfill that duty," he said. An appointee of President George W. Bush, O'Connor did permit the federal government to continue defending its transgender school bathroom policy in other cases where it is being sued. O'Connor also said his order affects only "intimate facilities."
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