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October 19, 2016
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A federal judge in Texas has affirmed a nationwide injunction against implementation of the Education and Justice Departments' guidance on transgender bathroom access, which also means federal funds cannot be withheld from schools that do not comply with the mandate announced in May.
Judge Reed O'Connor first issued his injunction in August in the case of Texas v. the United States, but implementation was delayed as U.S. attorneys sought clarification on the status of similar lawsuits. Yesterday, Judge O'Connor affirmed the injunction by clarifying that other transgender lawsuits may go forward so long as they don't involve bathroom usage.
In May, the two federal departments issued instructions to throw open school bathrooms to use of choice and announced it would withhold federal education and other funds from schools that did not comply.
Texas was joined by 14 co-plaintiffs in suing to overturn the edict. Judge O'Connor sided with them in August but delayed the injunction as other jurisdictions sought clarification on the statues of similarly pending lawsuits.
