State of W.Va. Seeks Injuction to Halt Enforcement of Obama’s Transgender School Policy

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West Virginia Capitol Building Photo Courtesy: O Palsson
West Virginia Capitol Building
Photo Courtesy: O Palsson

CHARLESTON — West Virginia Attorney General Patrick Morrisey sought a nationwide injunction Wednesday to halt enforcement of the federal government’s directive on transgender students, while assuring local school systems that his office will defend them in court.

Both represent the latest developments in the Attorney General’s continued fight against a federal directive, which unlawfully puts at risk substantial funding for local school districts that refuse to admit students to the bathrooms, locker rooms, dormitories and athletic teams of their choice.

The preliminary injunction, sought by West Virginia and 12 other states, would preserve federal funding for local schools and prohibit enforcement of the directive pending the court’s ultimate ruling.

Meanwhile, the Attorney General sent a letter to state and county officials vowing the state would intervene and his office would connect local school systems with willing and qualified pro bono counsel, should the federal government threaten to defund any specific county based upon the directive.

“I take very seriously this attack on our schools’ independence and funding,” Attorney General Morrisey wrote to state and county officials. “It is unconscionable for the Federal Government to hold our students hostage in this way to the whims of federal bureaucrats … I cannot — and will not — ignore this threat to our students.”

The injunction application supports a lawsuit brought by West Virginia, Texas and 11 other states. The states contend an injunction is necessary as their arguments will prevail and inaction now would cause irreparable harm by forcing state officials to choose between violating federal rules and state law.

Separately, the Attorney General’s letter provides greater detail as to how his office will shield county school systems from President Obama’s threat to revoke federal funding. The explanation came at the request of Marion County Superintendent Gary L. Price.

The Attorney General, in writing to Price and other officials, said he hopes the injunction and lawsuit will provide legal certainty for the upcoming school year and spare West Virginia schools the trouble and expense of individual litigation.

That lawsuit, filed May 25 in the Northern District of Texas, contends the U.S. Departments of Education and Justice seek to unilaterally expand the decades-old understanding of the word “sex” from that based on biology to include a person’s self-determined gender identity.

The states argue such an approach ignores lawful procedure, sidesteps congressional authorization and unconstitutionally coerces states. The plaintiffs also point to violations of the Tenth and Fourteenth Amendments among other arguments.

West Virginia brought the lawsuit with Texas Attorney General Ken Paxton and officials from Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Utah and Wisconsin. They are joined by two local school districts in Arizona and Texas.

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