Losing Skirmishes

We lost a second battle to the courts; both judges were appointed by President George W. Bush and both judges ignored the Supreme Court, Appeal Courts, previous federal court rulings and ruled based on pre 1989 interpretations of “sex.”

Obama’s Transgender Student Bathroom Policy Blocked by Judge
Bloomberg
By Tom Korosec
August 22, 2016

The Obama administration was barred by a judge from enforcing a directive that U.S. public schools allow transgender students to use bathrooms and locker rooms according to their gender identity.
A federal judge in Fort Worth, Texas, on Sunday sided with Texas and 12 other states that argued the administration’s policy usurps local control and threatens students’ safety and privacy.
[…]
In the Texas case, the judge said his ruling was based on the administration failing to follow rule-making procedures and not underlying issues of students’ rights. With the preliminary injunction in place, the judge will now consider whether to make the order permanent.

The Department of Education just didn’t pull the policy out of a hat, but it was based on case law all they was to implement court decisions including the Supreme Court ruling on the Price Waterhouse v. Hopkins case in 1989.

The article says this about the judge,

O’Connor, who was nominated by former President George W. Bush and confirmed for the bench in 2007, last year put on hold a federal rule granting Family and Medical Leave Act benefits to same-sex couples after Texas filed a lawsuit. Three months after his order, the U.S. Supreme Court ruled in June 2015 that the Constitution guarantees a right to same-sex marriage.

This coming November elections is a lot more than Clinton and Trump, it is also about more than two dozen federal lower courts openings and up to three Supreme Court justices lie in the balance. The judges will shape the future for a generation. President George W. Bush also appointed U.S. District Judge Sean Cox who just ruled that a funeral home did not break any laws when they fired a trans employee and U.S. District Judge Robert G. Doumar who ruled against a trans student in Virginia was appointed President Reagan.