A federal judge has refused to lift a block on a transsexual policy that would force students in public schools to share showers and toilets with people of the opposite sex.
Judge Reed O’Connor rejected a request from the White House and reaffirmed a ban that was first issued in a nationwide injunction back in August.
The block was put in place after 13 states brought a legal action against the Obama administration.
The Government had asked for the injunction to be limited to those states bringing the case, but the judge’s ruling means it will continue to apply nationwide.
O’Connor wrote: “A nationwide injunction is necessary because the alleged violation extends nationwide.”
He added: “Should the Court only limit the injunction to the plaintiff states who are a party to this cause of action, the Court risks a ‘substantial likelihood that a geographically-limited injunction would be ineffective.'”
Ken Paxton, Attorney General of Texas, praised O’Connor’s decision to stand firm against the Government.
“The court’s reaffirmation of a nationwide injunction should send a clear message to the president that Texas won’t sit idly by as he continues to ignore the Constitution.
“The president cannot rewrite the laws enacted by the elected representatives of the people and then threaten to take away funding from schools to force them to fall in line” Paxton said.
The Obama Administration has filed a notice to appeal Judge O’Connor’s ruling.
In May the US Government told schools to let transsexual pupils use the toilets, changing rooms and showers of their choice, or face serious funding cuts.
An injunction was then issued by Judge O’Connor, whose ruling focused on the way the Government pushed through the change, rather than on the content of the order.
He added that the Government should have included a period of notice and public comment before issuing the order.
A recent poll revealed that two-thirds of Americans, including a majority of young people, are opposed to the Obama administration’s move.