AUSTIN, Texas (AP) — A federal judge in Texas is blocking for now 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.
On Monday — the first day of class for most public schools in Texas — hundreds of school districts awoke to news of the order by U.S. District Judge Reed O'Connor.
The White House Press Secretary, Josh Earnest addressed the issue Monday afternoon during a press conference in Washington, D.C.
“The primary goal in offering this guidance was to ensure a safe educational environment for all students. That, I think, was the motivation of the vast majority of administrators who were seeking this guidance and it certainly was the primary goal of the administrators at the Department of Education who are seeking to be responsive to that request for information.
"It certainly was not a mandate and was never described as such by the administration. I know it was described that way by some of our critics. But look, I recognize that there are people who are eager to play politics with an issue like this just a few months before a national election. But the focus of the administration has been on practical problem-solving.
"And we have worked effectively with local school district across the country to try to help them address this complicated issue. But our goal has been from the beginning to provide for the safety and security and dignity of students all across the country.
"So I guess the point is, we've got a lot of confidence in the guidance that was put forward. We certainly have the confidence in the legal basis for issuing that guidance. But obviously, we're respectful of rulings that are put forward by federal judges. And I'll let my colleagues at the Department of Justice speak to the next step in the legal process, here," Earnest said.
In Texas, state officials had spoken out against the Obama administration’s directive to allow transgender students to choose the bathroom according to the identity they align with. Texas is one of 13 states entrenched in a legal battle with the federal government over the issue. Those in support call the temporary block a victory in Texas and those in opposition said it’s horribly detrimental to the students directly affected.
“When transgender students don’t see themselves reflected in society, and aren’t cared for, loved or respected, the suicide rate for these transgender students goes up,” said Lou Weaver with transgender advocacy group Equality Texas.
Texas Attorney General Ken Paxton, a Republican, had argued that halting the law before school began was necessary because districts risked losing federal education dollars if they didn't comply. Federal officials didn't explicitly make that threat upon issuing the directive, although they also never ruled out the possibility.
"This president is attempting to rewrite the laws enacted by the elected representatives of the people, and is threating to take away federal funding from schools to force them to conform," Paxton said. "That cannot be allowed to continue, which is why we took action to protect states and school districts."
On the first day of school at Poe Elementary in Houston, it’s now one of the many things on the syllabus for the upcoming school year, whether or not transgender students should be allowed to use the restroom of their choice.
“The child should be allowed to go the restroom that they feel comfortable going into. They’re children, and if it was my child, I would want them to feel comfortable going into the restroom that makes them feel comfortable,” said parent Annie Polasek.
But not everyone feels the same way. One state official said to allow a student to choose whatever bathroom or locker room they want, is ignoring common decency at the will of parents and taxpayers.
“It’s all right when they are adults or even high school, I don’t fuss about that," said Lois Johnson, an HISD parent. "But the little kids, I really don’t. I don’t think it’s fair to them when they don’t know what’s going on."
Some said it’s distracting from the issue at hand.
“It’s s not a ….parent’s rights or student’s rights. It’s a political thing more than any other issue,” said parent Tamara Arawwad.
The federal government told U.S. public schools in May that transgender students must be allowed to use bathrooms and locker rooms consistent with their chosen gender identity. That announcement came days after the Justice Department sued North Carolina over a state law that requires people to use public bathrooms that correspond with the sex on their birth certificate, which U.S. Attorney General Loretta Lynch had likened to policies of racial segregation. Republicans have argued such laws are commonsense privacy safeguards.
The Obama administration had told the court that recipients of federal education dollars "are clearly on notice" that antidiscrimination polices must be followed. Texas alone gets roughly $10 billion in federal education funds.
The lawsuit was filed in May by Texas, Alabama, Wisconsin, West Virginia, Tennessee, Oklahoma, Louisiana, Utah and Georgia, and the Republican governors of Maine, Mississippi and Kentucky. Two small school districts in Arizona and Texas, which have fewer than 600 students combined and no transgender persons on their campuses, also joined the effort to prevent the directive from being enforced.
The Associated Press contributed to this report.