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But not the transgender ones


Back in the spring, when the civilized world was turning its back on North Carolina for passing the insanely hateful, anti-LGBT HB 2 law, the Obama administration and Attorney General Loretta Lynch announced sweeping new guidelines for schools in how to treat transgender students, insisting that if a trans kid needs to use the bathroom, they should definitely get a hall pass, and that they should be able to use the bathroom that matches their gender identity. The guidance (and the Obama administration's lawsuit against North Carolina) states that discriminating against trans kids is by definition a violation of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.

[wonkbar]<a href="http://wonkette.com/602260/attorney-general-loretta-lynch-bout-to-have-to-smack-a-bunch-more-states-upside-their-heads"></a>[/wonkbar]In response, Texas and a passel of other states filed their own lawsuit, about OUR WIVES AND DAUGHTERS! and We Hate Transgenders and whatever other fucking bullshit it said. And those states are all so 'scited now, because a federal judge has issued an injunction against the Obama administration's guidelines on trans kids:

U.S. District Judge Reed O'Connor, a George W. Bush appointee who has a record of opposing LGBT rights, handed down the 38-page order Sunday in a lawsuit brought by Texas Attorney General Ken Paxton on behalf of 13 states. At a hearing 10 days ago, Paxton's office argued the administration is holding “a gun to the head” of the states by threatening to withhold federal education funds if they don’t “mix the sexes in intimate areas."

"Mix the sexes in intimate areas" sounds like a juvenile way Wonket would describe heterosexual boning, don't you think? ANYWAY, as The New Civil Rights Movement explains, O'Connor didn't actually rule on the merits, but instead says Obama and Lynch didn't follow the right process, so fuck you trans kids, have fun at school this year. From the ruling:

This case presents the difficult issue of balancing the protection of students’ rights and that of personal privacy when using school bathrooms, locker rooms, showers, and other intimate facilities, while ensuring that no student is unnecessarily marginalized while attending school. [...] The resolution of this difficult policy issue is not, however, the subject of this Order. Instead, the Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.

This injunction is nationwide, instead of simply applying to the states currently whining. And also too:

[W]hile this injunction remains in place, Defendants are enjoined from initiating, continuing, or concluding any investigation based on Defendants’ interpretation that the definition of sex includes gender identity in Title IX’s prohibition against discrimination on the basis of sex. Additionally, Defendants are enjoined from using the Guidelines or asserting the Guidelines carry weight in any litigation initiated following the date of this Order.

This means if the Obama administration is currently trying to help specific trans kids get relief -- which it is doing -- they can't do it while this case is ongoing, and they have to pretend their guidelines don't even exist, because this cock-dick-motherfucker judge said so. Schools CAN still use the guidelines if they are want to (like if they are commiesexual gay agenda-doers), but they definitely don't have to, because PFFFFFFFFT.

If you read O'Connor's ruling, you see that he believes the plaintiffs who brought the case "have shown a likelihood of success on the merits," because he has read Title IX and it says boys have a penis and girls have a vagina, and he searched for the phrase "gross icky transgenders" in the law and didn't find it even ONCE. So take that, Loretta Lynch and Obama!

As Zack Ford at Think Progress points out, it sure does look like the fucksticks who filed this lawsuit shopped around for the judge they wanted on this one, because here is why:

Last year, while the Supreme Court was still weighing the question of marriage equality, O’Connor halted implementation of a rule that would have guaranteed Family Medical Leave Act (FMLA) coverage for people in same-sex couples to care for their partners. Just like in the transgender guidance injunction, he believed then — mere months before the Supreme Court handed down Obergefell — there was a “substantial likelihood” that those challenging the guidance would prevail.

Is he wrong again this time, because he's a moron? Hopefully! Obama will surely appeal this, and maybe one of these days, a transgender bathroom case will be heard by the Supreme Court (hopefully restaffed by President Hillary Clinton!) and this shit will be resolved once and for all.

Or maybe not, and trans kids will never get to pee, anywhere, ever, which will make wingnuts happy, due to how Jesus gets really pee shy around trans folk, #BibleFact. (That is not a #BibleFact.)

[The New Civil Rights Movement / Think Progress / O'Connor's ruling]

Evan Hurst

Evan Hurst is the senior editor of Wonkette, which means he is the boss of you, unless you are Rebecca, who is boss of him. His dog Lula is judging you right now.

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