Federal Judge Halts Biden Administration’s LGBT Policy Overreach

A federal judge in Texas put the brakes on an overarching guidance by the Biden administration billed as a way to protect LGBT workers and transgender youth.

Judge Matthew Kacsmaryk last week ruled that, while federal law protects employees from discrimination based on sexual orientation or gender identity, it does not extend to using the bathroom of one’s choice or preferred pronouns.

The guidance Kacsmaryk decided on came from the U.S. Equal Employment Opportunity Commission last year.

While he agreed that Title VII of the Civil Rights Act of 1964 protects the LGBT community from discrimination in hiring, he added that the Biden administration’s application of the rule went too far. Kacsmaryk specifically said the EEOC guidance is a misinterpretation of established case law.

Specifically, the ruling said the 1964 act does not necessarily extend to “all correlated conduct,” which includes bathroom usage and preferred pronouns.

The ruling notes the decision the Supreme Court reached in Bostock v. Clayton, which said that an employer who terminates a worker just for being gay or transgender is breaking the law.

It does not, however, always cover other facets of employment brought before the court. The case came after Texas Attorney General Ken Paxton sued the Biden administration last year over the EEOC guidance.

On behalf of the state, Paxton argued that the rule “increases the scope of liability for all employers.” The state called the guidance an “extreme” federal overreach that placed women and children in harm’s way.

He further asserted that states “should be able to choose protection of privacy” as weighed against subjective views of gender.

Also affected by the ruling are new guidelines from the federal Department of Health and Human Services. These were enacted to counter an order from Texas Gov. Greg Abbott to open child abuse cases involving families of transgender children.

Both the EEOC and HHS guidelines were ruled “unlawful.”

Paxton’s office voiced its agreement with the recent court ruling, calling it not only a win for “the rule of law but for “the safety and protection of Texas children.” The AG’s office railed against the Biden administration’s “attempt to radicalize federal law” to promote its “woke” protocols.