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Jon Badolato
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Nationwide Injunction Preventing Enforcement of Title IX Guidance on Transgender Rights

In a decision handed down yesterday, a Texas federal district court issued a preliminary injunction applicable nationwide barring the federal government from enforcing Guidelines issued earlier this year interpreting Title IX as barring discrimination by schools on the basis of gender identity. In particular the Guidelines took the position that transgender students must have access to restrooms and locker rooms consistent with their gender identity. (See prior posting.) In State of Texas v. United States, (ND TX, Aug. 21, 2016), a Texas federal district court in a suit brought by 13 states held that the Department of Education's Guidance incorrectly interpreted its regulation (34 CFR 106.33) on sex-segregated restrooms and locker rooms. The court said in part:

It cannot be disputed that the plain meaning of the term sex as used in § 106.33 when it was enacted by DOE following passage of Title IX meant the biological and anatomical differences between male and female students as determined at their birth.... Additionally, it cannot reasonably be disputed that DOE complied with Congressional intent when drawing the distinctions in § 106.33 based on the biological differences between male and female students....
The court held additionally:

The Guidelines are, in practice, legislative rules—not just interpretations or policy statements because they set clear legal standards.... As such, Defendants should have complied with the APA’s [Administrative Procedure Act's] notice and comment requirement. Permitting the definition of sex to be defined in this way would allow Defendants to “create de facto new regulation” by agency action without complying with the proper procedures.
ABC News reports on the decision.

http://abcnews.go.com/Politics/transgender-students-protecte...

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Bitter and Acerbic Harridan
I am not really very shocked by this.
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Based upon my poor understanding of history, science, and ethics...
United States
North Pole
Alaska
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she2 wrote:
I am not really very shocked by this.


True dat. Dems need an issue to stir the ignorant. Hillary is falling in the polls.
 
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J.D. Hall
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Given the definition of gender in the 1972 Title Seven Act, I am not surprised by this as well. The administration will have to go to Congress to have the definition altered in any way before it can enforce the "guidelines." All this really demonstrates is that our legislative bodies are lagging behind once again in addressing issues facing the nation.

#thanksGOPCongress
 
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Chris
United States
Sandy Springs
Georgia
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remorseless1 wrote:
Given the definition of gender in the 1972 Title Seven Act, I am not surprised by this as well. The administration will have to go to Congress to have the definition altered in any way before it can enforce the "guidelines." All this really demonstrates is that our legislative bodies are lagging behind once again in addressing issues facing the nation.

#thanksGOPCongress


But if they change the meaning of gender can't all the laws be written so that it says you have to use the bathroom/locker rooms according to your physical sex?
 
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Junior McSpiffy
United States
Riverton
Utah
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remorseless1 wrote:
Given the definition of gender in the 1972 Title Seven Act, I am not surprised by this as well. The administration will have to go to Congress to have the definition altered in any way before it can enforce the "guidelines." All this really demonstrates is that our legislative bodies are lagging behind once again in addressing issues facing the nation.

#thanksGOPCongress


I think that would set a dangerous process. Pass a law. Then once the law is passed, define the terms favorably in a way that would have kept the law from being passed if it was that way at the beginning. I think if you want to have Title IX modified to include transgenders, the law needs to be scrapped and passed as law from scratch. To just "define" laws into different laws seems really skeevy and undemocratic.
 
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