The preliminary injunction granted in the Texas case has broader implications than the one issued by the Supreme Court, also prohibiting the Obama administration from “initiating, continuing, or concluding any investigation” based on its interpretation that Title IX applies to gender identity, an issue the Supreme Court did not address.
O’Connor disagreed, arguing that schools would “jeopardize their federal educational funding by choosing not to comply.” Although the order could be reversed as the case plays out in court, conservatives are calling it a “huge victory.” “This is great news out of Texas,” Roger Severino, director of the De Vos Center for Religion and Civil Society at The Heritage Foundation, said.
“This judgment stops the administration’s ideologically driven misinterpretation of the law in its tracks and protects the safety and privacy of our children in school showers, lockers, and bathrooms.
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The scope of this injunction has no effect on the ability of other courts or lawyers representing transgender people to continue to rely on the federal government’s interpretations of Title IX or on prior decisions that have reached similar conclusions about the scope of federal sex discrimination laws.