A Texas federal judge, Reed O'Connor,
has issued a preliminary injunction against the Obama administration guidance that Title IX prohibits discrimination on gender identity, guidance that would allow transgender students in schools to use restroom and locker facilities that match their identity.
O'Connor ruled that the new guidelines did not receive proper notice and comment.
The guidance set off a brush fire of protest around the country, primarily from Republican politicians, including in Arkansas. Attorney General Leslie Rutledge has joined action similar to that in the federal court in Texas in a separate action in Nebraska.
O'Connor's ruling departs from law in other parts of the country and his decision is not final. He wrote:
"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 t
Texas officials cheered the ruling, which they said could force the mixing of sexes in "intimate areas." (This requires a rejection of the fact of transgender people.)
The administration said it was disappointed. Much more to come on this issue.
PS — Schools may still have policies that treat transgender students properly. They just may not be made to do so by the feds for now.
PPS — Leslie Rutledge weighed in, of course. "intimidation....unlawfully ignores ... forced states ... radical social agenda ..." blah blah blah.