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US judge blocks Obama transgender policy

A gender neutral sign posted in North Carolina after the legislation was introduced in the issue.

A gender neutral sign posted in North Carolina after the legislation was introduced in the issue. Photo: Getty/ Sara D. Davis

A US judge has granted a nationwide injunction seeking to block Obama administration guidance that transgender public school students must be allowed to use bathrooms of their choice.

The injunction was sought by a group of 13 states led by Texas.

Reed O’Connor, a judge for the Northern District of Texas, said in a decision that the Obama administration did not follow proper procedures for notice and comment in issuing the guidelines.

He said the guidelines contradict existing legislative and regulatory texts, and were effectively compulsory in nature.

 

At a hearing on the injunction in Fort Worth on August 12, lawyers for Texas said the guidelines usurp the authority of school districts nationwide.

They said they were at risk of losing billions of dollars in federal funding for education if they did not comply.

US Department of Justice lawyers sought to dismiss the injunction, saying the federal guidelines issued in May were non-binding with no legal consequences.

The guidance issued by the Justice Department and Education Department said public schools must allow transgender students to use bathrooms that correspond with their gender identity, as opposed to their birth gender, or face the loss of federal funds.

https://twitter.com/micblank/status/767746210404839426

Following milestone achievements in gay rights including same-sex marriage becoming legal nationwide in 2015, transgender rights have become an increasingly contentious issue in the United States.

The use of public bathrooms has been a key element in the controversy.

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