Commentary

Texas judge’s decision should have no impact on HB2 lawsuit

NO-HB2A decision this morning by a conservative federal district court judge in Texas purporting to enjoin the Obama administration from implementing directives to aid transgender students in the public schools should have no impact on the HB2 lawsuit that currently sits in the courtroom of another conservative federal judge here in North Carolina.

As AP reported earlier today:

“A federal judge in Texas has blocked the Obama administration’s order that requires public schools to let transgender students use the bathrooms and locker rooms consistent with their chosen gender identity.

In a temporary injunction signed Sunday, U.S. District Judge Reed O’Connor ruled that the federal education law known as 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 federal government issued the mandate days after the Justice Department sued North Carolina over a state law that requires people to use public bathrooms that correspond with the sex on their birth certificate. U.S. Attorney General Loretta Lynch likened that law to the policies of racial segregation. Republicans have argued such laws are commonsense privacy safeguards.”

Happily, however, the ruling should not endanger the ongoing challenge to North Carolina’s infamous HB2 law that is currently pending before U.S. District Court Judge Thomas Schroeder in Winston-Salem.

This is from the folks at the ACLU of North Carolina, who are helping to spearhead that ligation:

“We are disappointed by this ruling in Texas, but the decision does not change our clients’ ongoing legal challenge to North Carolina’s House Bill 2. In fact, the district court in Texas expressly recognized that its decision should not interfere with other pending federal court cases on this issue. HB2 continues to harm our clients and all transgender North Carolinians, and we are looking forward to a decision on our request to have the anti-transgender provisions of this law blocked while our case proceeds.”

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