Texas Attorney General Ken Paxton plans to file a legal challenge to President Obama’s directive on transgender issues, a source confirmed to our sister station WFAA-TV. The guidance itself does not carry the force of law, but the feds have said that, if you’re a school receiving federal funding, then you must follow the federal Title IX law (AKA, if you don’t, then, voila, you don’t get federal funding).
Last year, liberal group Media Matters cited 17 school districts across the country that indicated they experienced no such difficulties after implementing transgender protection measures.
The administration’s May 13 announcement upset Republicans and raised the likelihood of fights over federal funding and legal authority.
Paxton accused the feds of trying to strong-arm local schools that are “simply following common sense policies”.
Texas, Alabama, Wisconsin, West Virginia, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Utah and Georgia, along with one Texas and one Arizona school district, have signed the 32-page lawsuit.
Target issued a similar bathroom policy, only to see their stock tumble. The Obama administration is optimistic that its interpretation will prevail, based on recent court rulings that have been favorable to transgender students seeking to use opposite sex bathrooms and locker rooms without restriction. That includes not treating transgender students differently from others of the same gender identity, officials said. Patrick, calling for Scribner’s resignation, criticized the superintendent for overstepping his bounds by “forcing girls showering with boys”. The missive doesn’t carry the force of law, but made clear that federal funds could be at stake.
“There is no price that can be put on a president violating the Constitution”, he said.
Paxton is holding a news conference Wednesday to discuss a lawsuit filed by the state, but had not released any additional information. The feds also emphasized that transgender students should be treated the way they would like to be treated and called the name and pronoun they prefer.
Texas and 10 other states are suing the Obama administration over its transgender directive.
The lawsuit argues that the phrase “sex” in the statute is a reference to biological sex. Reyes said the decision to sue isn’t about bathrooms, but “executive branch overreach”.
Abbott said he did not advise the attorney general on the transgender bathroom lawsuit. Barack Obama has repeatedly said he is above the law. Both sides have filed dueling lawsuits.