The Obama regime’s attempts to force U.S. public schools to allow mentally-ill “transgender” students to use bathrooms “consistent with their gender identity” seems about to be rolled back by the Trump administration, if a Department of Justice (DOJ) move in a Texas Federal Court is being correctly interpreted.
The DOJ request—which came the day after Senator Jeff Sessions was sworn in as new Attorney General—withdrew a motion filed last year that asked a judge to scale back a temporary injunction blocking Obama’s orders on the issue.
The Department of Justice’s filing said the parties were “currently considering how best to proceed in this appeal.”
In August 2016, Judge Reed O’Connor of the Federal District Court for the Northern District of Texas blocked implementation of the guidance as part of a lawsuit filed by more than a dozen states against the Obama order.
At the time, the Obama administration argued that “Title IX,” the federal law that bans sex discrimination in schools, protects “transgender” students, and therefore that public schools were discriminating against “transgender” students by not allowing them to use bathrooms and locker rooms “consistent with their gender identity.”
However, the judge ruled that Title IX “is not ambiguous” about sex being defined as “the biological and anatomical differences between male and female students as determined at their birth.”
The ruling, he said, was not about the policy issues of transgender rights, but about his conclusion that federal officials simply did not follow rules that required an opportunity for comment before such directives are issued.
The Obama administration appealed the injunction and requested that it apply only to states involved in the lawsuit and not nationwide. Oral arguments in that case were scheduled to begin in mid-February, but before they could begin, the DOJ withdrew the previous administration’s challenge.
While some news outlets—and leftist activists have already hysterically claimed that this means the end of “transgender” rights, the reality is that the latest DOJ move does not immediately change the situation for public schools, as the original court order only put a temporary hold on the guidance, and did not repeal it.
Meanwhile, the mental illness epidemic sparked by the normalization of “transgenders” and homosexuals has resulted in the San Francisco Superior Court last week granting the petitions of three California residents who had asked to change their gender to “non-binary”—meaning they are “legally” neither male nor female.
David Strachan, 69, Char Crawford, 32, and Xin Farrish, 34, filed the petitions together on December 2 with the help of attorney Toby Adams of the “Intersex and Genderqueer Recognition Project” (IGRP). The petitions were granted without a hearing.
The new group brings the total of number of Californians with legal “third-gender status” to seven.