Did Obama Overstep on School Bathroom Order?

The Obama administration recently issued an order requiring that public schools permit transgender students to use the bathroom corresponding to their gender identity. The administration threatened to withhold federal funds from schools that don’t comply with this directive. Yesterday, Texas and 10 other states filed a federal lawsuit challenging the constitutionality of the administration’s order. Chad Ruback, a Dallas appellate lawyer, explains:

There is simply not much precedent—one way or the other—as to the rights of transgender individuals. Consequently, it is quite difficult to predict how the states will fare in this lawsuit.  However, by filing their lawsuit in a West Texas federal court, the states have chosen one of the most conservative venues in the country. Wichita Falls, Texas, is not known for its sympathy to transgender individuals or to the Obama administration. However, it is quite possible that this case won’t turn on whether transgender individuals should have certain rights, but instead on whether the administration overstepped its authority by creating such rights by executive decree.

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