[News] [USA] After hearing, scope of transgender injunction still unclear

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Stephanie Stevens

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Oct 1, 2016, 8:59:43 AM10/1/16
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San Angelo Standard-Times, TX, USA


September 30, 2016

After hearing, scope of transgender injunction still unclear

Posted: Yesterday 9:57 p.m.

By Christopher Collins, ccol...@gannett.com


Another battle in the Texas lawsuit against the federal government's transgender bathroom guidance was fought Friday morning in Wichita Falls, though no additional rulings were made in the case.

In May, Texas, joined by 11 other states, school districts and individuals, sued the U.S. departments of Justice and Education over directives the agencies issued to school districts on bathroom access for transgender students. Districts were told students ought to be allowed to use the bathroom that correlates to their gender identity, biological sex notwithstanding.

Predictably, Texas and other conservative states struck back, winning the first round of the fight in August — a federal judge in Fort Worth awarded them a temporary injunction against the U.S. government's guidance. Following that ruling, defendants argued the injunction is overly broad, and as it currently is worded, could prevent the Obama administration from participating in other, related litigation.

The scope of the court order was the matter at hand in Friday's hearing, though arguments from attorneys only lasted an hour before the case recessed before noon.

The most noteworthy case potentially affected by the injunction is United States v. North Carolina, the lawsuit that sparked a national debate on transgender rights earlier this year.

"I'll confess that this is a difficult issue, but it's being made more difficult because of the conduct of the defendant," argued Austin Nimocks, an attorney for the state of Texas. "(The U.S. government) seeks to undermine the ruling of this court."

U.S. Attorney Ben Berwick rebutted, asserting that Texas could not be harmed by federal actions in lawsuits that don't involve the state of Texas.


© 2016 Standard Times

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