Texas Fights Back, Sues Obama Over School Transgender Mandate

10 other states partner with the Lone Star State in its legal effort.

By Dustin Siggins Published on May 25, 2016

Texas Attorney General Ken Paxton is suing the Obama administration, saying that its directive that schools allow boys to use girls’ bathrooms, locker rooms and other sex-segregated facilities (and vice versa) is unconstitutional.

“Our local schools are now in the crosshairs of the Obama Administration, which maintains it will punish those schools who do not comply with its orders,” said Paxton at a press conference this afternoon announcing the lawsuit in partnership with 10 other states. “These schools are facing the potential loss of school funding for simply following common sense policies that protect their students.”

“By forcing through his policies by executive action, President Obama excluded the voice of the people. We stand today to ensure those voices are heard.” Texas Attorney General Ken Paxton

“This represents just the latest example of the current administration’s attempts to accomplish by executive fiat what they couldn’t accomplish through the democratic process in Congress,” continued Paxton. “By forcing through his policies by executive action, President Obama excluded the voice of the people. We stand today to ensure those voices are heard.”

Earlier local reports about the impending lawsuit, which was officially announced at 3 p.m. EST today, were confirmed by a tweet from Governor Greg Abbott praising the legal action.

The 10 states that joined Paxton in his effort to combat the directive are Alabama, Wisconsin, West Virginia, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Utah and Georgia.

The directive was issued on May 12, and threatened the removal of federal funds from schools that did not allow students with gender identity confusion to use the restroom or locker room of their choice. Travel athletes would be allowed to use the hotel room of their choice under the mandate.

The Obama administration issued the directive under its interpretation of the 1972 Title IX law, which bans sex discrimination. Two years ago, that definition was unilaterally expanded by Obama to include people who identify as the sex opposite into which they were born, and last year the administration began pressuring schools to change restroom policies.

Last week, Paxton told The Stream that Texas laws and federal laws protect schools from the mandate. “Under the Texas Education code, parents can direct the education of their children,” he said, noting that “Title IX says neither the superintendent nor the school administration has the authority to change Title IX. It’s up to Congress.”

“Local areas should encourage their state legislatures, school boards and school superintendents to stand firm that the law protects them. They can set up separate bathrooms for transgenders.”

According to Talking Points Memo, Paxton also said earlier this month that “the Obama administration has overstepped its constitutional bounds to meddle in the affairs of state and local government. Today’s announcement seeking to unilaterally redefine and expand federal law must be challenged.”

Paxton seemed to anticipate today’s lawsuit, saying, “If President Obama thinks he can bully Texas schools into allowing men to have open access to girls in bathrooms, he better prepared for yet another legal fight.”

Paxton and two other attorneys general also sent a letter to the Obama administration about whether the mandate would threaten funding for states that ignore the requirement. A spokesperson for Paxton told Talking Points Memo that the Attorney General had not received a response from the administration by the letter’s deadline of May 24.

The lawsuit drew praise from Family Research Council President Tony Perkins. In a statement, Perkins said, “In President Obama’s final drive to fundamentally transform America, he has pushed aside the concerns of parents and schools, the privacy and safety of students, and ignored the boundaries of his constitutional power.”

“If the White House can dictate the policies for every school locker room, shower, and bathroom in America, what could possibly be beyond its reach?” asked Perkins. He praised “scores of state leaders who are standing up to the Obama administration’s unilateral redefinition of federal law,” and urged “Republicans in Congress, who have the constitutional authority as a coequal branch of government, to support these state leaders and bring the imperial White House under control.”

The full lawsuit can be seen here.

 

Editor’s Note: Rachel Alexander contributed to this article.

 

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