A gender neutral sign is posted outside a bathrooms at Oval Park Grill on May 11, 2016 in Durham, North Carolina. Debate over transgender bathroom access spreads nationwide as the US Department of Justice countersues North Carolina Governor Pat McCrory from enforcing the provisions of House Bill 2 (HB2) that dictate what bathrooms transgender individuals can use. AFP
CHICAGO, United States 鈥� A US judge has blocked federal guidelines instructing public schools to allow transgender students to use the bathrooms and other private facilities聽of their choice.
US District Judge Reed O鈥機onnor ruled Sunday in favor of Texas and 12 other states, which have sued the federal government over the new rules, meant to create safer environments for transgender students at public school districts and universities.
US authorities had issued written guidelines in May, built聽on existing laws against sexual discrimination, which asked schools to let youths use the bathrooms matching their gender identity rather than the sex on their birth certificate. The letter suggested that not doing so could run afoul of laws barring gender discrimination.
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But O鈥機onnor ruled that the federal government had violated procedures in issuing the new standards and incorrectly interpreted existing laws.
鈥淭he guidelines are, in practice, legislative rules 鈥� not just interpretations or policy statements because they set clear legal standards,鈥澛燨鈥機onnor said.
Existing federal laws regarding a person鈥檚 sex were intended to be limited to 鈥渢he biological and anatomical differences between male and female students as determined at their birth,鈥澛爐he judge said.
Texas Attorney General Ken Paxton, who brought the lawsuit and is lead plaintiff, celebrated the ruling.
鈥淲e are pleased that the court ruled against the Obama administration鈥檚 latest illegal federal overreach,鈥� Paxton said in a statement. 鈥淭his 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.鈥�
The gay and transgender rights advocacy group Human Rights Campaign expressed disappointment and hope that the new trans guidelines will ultimately prevail, as legal battles continue over the scope of gender discrimination laws in public schools.
The ruling 鈥減uts thousands of transgender students at even greater risk of marginalization, harassment, and discrimination as they return to school this fall,鈥� HRC Legal Director Sarah Warbelow said in a statement.聽鈥淎ll students, regardless of their gender identity, deserve to be able to learn in an environment free from discrimination.鈥�
O鈥機onnor said his ruling does not preclude states following the federal guidelines if they wish to do so, but states were free to ignore the guidelines without fear that they would be breaking the law.