Utahns praise, criticize ruling in Texas blocking transgender bathroom directive


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SALT LAKE CITY — A federal judge's decision in Texas to temporarily block the Obama administration from enforcing new guidelines meant to expand restroom access for transgender students across the country drew praise and criticism in Utah on Monday.

The conservative Sutherland Institute welcomed the ruling, saying U.S. District Judge Reed O'Connor has given states a reprieve from the overreaching government mandate that schools give access to locker rooms and similar facilities not based on biological sex but on personal identity.

"Sweeping edicts from Washington polarize public opinion, force a one-size-fits-all approach, and prevent the kind of dialogue that enables local school districts to meet the needs of their individual students," said Bill Duncan, director of Sutherland's Center for Family and Society.

Equality Utah executive Troy Williams called the ruling yet another slight against the dignity of transgender students.

"The bottom line is that all schoolchildren — straight, gay and transgender — deserve to use the bathroom without fear and harassment," he said. "Ultimately, we know that circuit courts and possibly the Supreme Court will bring common sense and human decency back to the issue."

In issuing the injunction Sunday, O'Connor wrote that federal agencies exceeded their authority under the 1972 law banning sex discrimination in schools.

Utah was among 11 states that sued the Obama administration for clarification on a directive issued in May about transgender bathroom policies in schools.

The directive says public schools must allow transgender students to use bathrooms that match their gender identity. Additionally, the letter mandated that school districts integrate transgender students into their preferred locker rooms, athletic teams and other facilities.

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Utah Attorney General Sean Reyes said the state supports O'Connor's decision and understands it is temporary while the case is heard fully.

"For years, local school boards, parents and students have worked together to provide safe accommodations for transgender students without interference from federal mandates that cause more confusion and less cooperation," Reyes said in a statement.

State and local school boards, he said, are in the best position to make public policy for students.

Reyes also noted that school districts may follow the directive if they choose. The ruling he said merely limits the U.S. Department of Education from enforcing it and taking away money from school programs until the case is settled.

Williams said it's "astonishing" that the state would join a "mean-spirited" lawsuit that denies transgender children the basic right to use a bathroom.

"This lawsuit further marginalizes and humiliates these already vulnerable students," he said.

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Dennis Romboy

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