Judge Keeps National Ban on Obama Transgender Bathroom Policy

A federal judge in Texas largely left in place a ban on the Obama administration's transgender school bathroom policy, which requires public schools to allow transgender students to use bathrooms and locker rooms matching their gender identity.

U.S. District Court Judge Reed O'Connor issued the order late Tuesday.

Lawyers with the Justice Department wanted O'Connor to limit the injunction against the policy to the 13 states who filed suit. However, he said it was in his legal authority to ban the policy across the country.

"It is clear from Supreme Court and Fifth Circuit precedent that this Court has the power to issue a nationwide injunction where appropriate," O'Connor wrote. "Both Title IX and Title VII rely on the consistent, uniform application of national standards in education and workplace policy."

"A nationwide injunction is necessary because the alleged violation extends nationwide," the judge continued. "Should the Court only limit the injunction to the plaintiff states who are a party to this cause of action, the Court risks a 'substantial likelihood that a geographically limited injunction would be ineffective.'"

The Obama administration is expected to appeal.

Politico said a White House spokeswoman did not respond right away to a request for comment on the ruling. The Education Department also referred questions to a spokeswoman with the Justice Department, who declined to comment.

Texas Attorney General Ken Paxton, who is leading the suit, said the ruling "sends a clear message to the president."

"The court's reaffirmation of a nationwide injunction should send a clear message to the president that Texas won't sit idly by as he continues to ignore the Constitution," he said.

"The president cannot rewrite the laws enacted by the elected representatives of the people and then threaten to take away funding from schools to force them to fall in line," he continued.

Alliance Defending Freedom Legal Counsel Matt Sharp also issued a statement regarding O'Connor's order. ADF is a non-profit legal organization that says its mission is to advocate "for the right of people to freely live out their faith."

"The Obama administration cannot hold hostage the privacy rights and dignity interests of boys and girls across America," Sharp said. "The federal court's affirmation of its previous order halting the Obama administration's unlawful threats against schools across the nation preserves the authority of local schools to act in the best interest of their students and not out of fear of being stripped of their federal funding."

"The court made clear that the Obama administration'(s) unlawful actions put children at risk and that it cannot unilaterally disregard and redefine federal law to accomplish its political agenda of forcing girls to share locker rooms and showers with boys," Sharp continued.

"Schools have a duty to protect the privacy, safety, and dignity of all students, and this order ensures that they may continue to fulfill that duty," he said.

An appointee of President George W. Bush, O'Connor did permit the federal government to continue defending its transgender school bathroom policy in other cases where it is being sued.

O'Connor also said his order affects only "intimate facilities."