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Federal Judge Temporally Halts U.S. Department of Education Transgender Rules

For now, a federal judge in Texas is blocking the Obama administration’s directive to U.S. public schools that transgender students must be allowed to use the bathrooms and locker rooms consistent with their chosen gender identity. The ruling impacts public schools in West Virginia.

U.S. District Judge Reed O’Connor issued the injunction in a decision dated Sunday, August 21. It comes after officials from Texas and 12 other states, including West Virginia, asked O'Connor to halt the directive. In May, the federal government told U.S. public schools  that transgender students must be allowed to use bathrooms and locker rooms consistent with their chosen gender identity. O’Connor ruled that the federal education law, 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.”

© 2020 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume VI, Number 247

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About this Author

Jason Long, education law practice chair, Dinsmore Lewisburg Office
Partner

Jason Long is a Partner in the firm’s Lewisburg office, is the Chair of the Education Law Practice Group and a member of the Labor and Employment Practice Group. Jason's practice concentrates on two areas of law that are quite diverse from each other. The first area of Jason’s practice originates from his pre-lawyer days as an educator as well as growing up as the son of a county school superintendent. Jason focuses on representation of numerous county boards of education in the firm’s Educational Law Practice Group, providing a wide range of services, including, but not...

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