Texas AG’s Office Falsely Claims Injunction Bars Schools from Protecting Trans Students

Tea Party Activist Teams Up With Ken Paxton to Bully Junior College That’s Trying to Follow Federal Law

The Texas attorney general’s office appears to be misrepresenting an injunction issued by a federal judge this week in the state’s lawsuit against the Obama administration concerning restroom access for transgender students. 

The injunction granted by U.S. District Judge Reed O’Connor on Sunday bars the administration from implementing or enforcing recent guidance saying public schools should allow trans students to use restrooms based on their gender identity. 

However, nothing in the injunction prohibits any state, school district or institution from allowing trans students to use restrooms based on their gender identity. In other words, the injunction is against the federal government, not any third party. 

Tyler Junior College in East Texas recently enacted a new policy that conforms to the administration’s guidance, according to The Tyler Morning Telegraph. However, local tea party activist JoAnn Fleming — executive director of Grassroots America-We The People — is leading a campaign to have the policy overturned.

To bolster her case, Fleming (photo, left) is citing an email she received from Jeff Mateer (photo, right), first assistant to Attorney General Ken Paxton, who previously worked for the anti-LGBT legal group First Liberty.

“In response to your request for clarification regarding the 8/21/16 Preliminary Injunction Order in State of Texas v. U.S., Judge O’Connor’s Order makes clear that Defendants (U.S. Department of Education, U.S. Department of Justice, etc.) are enjoined ‘from enforcing the Guidelines against Plaintiffs and their respective schools, school boards and other public, educationally-based institutions,’” Mateer wrote. “Accordingly, this nationwide injunction does apply to public colleges and universities as well.”

Although technically accurate, Mateer’s email falsely implies the injunction somehow prevents Tyler Junior College from allowing trans students to use restrooms based on gender identity. And that’s a critical point, because numerous districts and schools in Texas are currently following federal law and should continue to — unless and until the state Legislature passes a bill prohibiting them from allowing trans people to use restrooms based on gender identity. 

In the meantime, Fleming is organizing some sort of revolt during Thursday’s meeting of Tyler Junior College’s Board of Trustees, so stay tuned for updates.

Fleming’s group was recently in the news over its support of State Board of Education candidate Mary Lou Bruner, who infamously claimed President Barack Obama once worked as a gay prostitute. 

That’s right, folks, this is the company Ken Paxton keeps. 

Equality Texas posted this request to Facebook:

 

Images:
JoAnn Fleming via Facebook
Jeff Mateer via Twitter