"After being on the job for less than 48 hours, Attorney General Jeff Sessions has signaled his intent to undermine the equal dignity of transgender students", Human Rights Campaign President Chad Griffin said in a statement.
The election of President Donald Trump in November made many people anxious about their future, particularly when his platform appeared to be focused on rolling backwards rather than moving forwards.
A Trump administration brief seeks to withdraw a request to stay an order against transgender student guidance.
U.S. District Judge Reed O'Connor granted the injunction in August after 13 states sued to stop the mandate. Bush-appointed judge argued that the Obama administration overextended its reach in issuing the guidance, which contended that current legal prohibitions on discrimination based on sex also extend to protection from discrimination based on gender identity.
LGBTQ groups have expressed concern over the new administration, especially since they viewed the Obama administration as fierce advocates for gay and transgender rights. "Transgender students thrive when treated equally, but too often, they are not". That way, the guidance would still stand for the other 38 states. But the judge, in issuing a temporary injunction, said the 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".
"I think we can expect to see the Justice Department say that they don't want to enforce Title IX for all", Keisling told the Huffington Post. In fact, more GOP Lawmakers have been arrested for sexual misconduct in bathrooms than transgender people. But critics point to several investigations, including one by the Charlotte Observer, that found that argument flawed. But it does not change the fact that federal law protects transgender students. "In the United States, there have been a few yet-unproven allegations".
The ruling, he said, was not about the policy issues of transgender rights, but about his conclusion that federal officials simply did not follow rules that required an opportunity for comment before such directives are issued. He has promised to rescind the Department of Education directive, according to Reuters. The latter at least is no surprise given the virulent anti-LGBTQ streak that runs through Trump's White House staff. Oral arguments in the case were scheduled for Tuesday in Austin.
The decision could have an impact on Gavin Grimm v. Gloucester County School Board, an important case up before the U.S. Supreme Court. His school asked him to use a private restroom instead.
"All parties to this cause of action must maintain the status quo as of the date of issuance of this order and this preliminary injunction will remain in effect until the court rules on the merits of this claim, or until further direction from the Fifth Circuit Court of Appeals".