Civil Rights LGBT

Texas AG Announces Lawsuit Against Transgender Civil Rights [Updated]

Indicted fraudster and Dukes of Hazard villain Attorney General Ken Paxton has announced that Texas will file a lawsuit against the Obama administration.

The state of Texas will challenge directives from the Department of Justice and Department of Education stating that transgender rights are covered by the Civil Rights Act.


Based on recent statements made by Paxton, we can infer that he intends to challenge the scope of the Civil Rights Act and will argue that it does not explicitly include transgender rights.

At least one federal court, the 4th Circuit Court of Appeals, has already sided with the Obama administration on the matter, ruling that a ban on transgender student bathroom use at a school in Virginia is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

How will the 5th Circuit Court, whose jurisdiction includes Texas, rule on the matter? It’s anyone’s guess but, given how conservative the 5th Circuit is, it’s plausible that the court will side with Texas.

That’s why I believe this issue will be heard in front of the Supreme Court in the very near future. I expect most federal court systems that consider similar cases will side with the Obama administration, but the arch-conservative 5th Circuit is a wildcard. Competing rulings from multiple federal jurisdictions may compel the Supreme Court to take the case and settle the matter.

When all is said and done I believe transgender rights will be affirmed. The next question is who will Republicans target next? There must always be a boogeyman.

Smirking schmuck Ken Paxton is facing criminal and civil charges for committing securities fraud.

Update… Texas is apparently far from alone. Nearly a dozen states including Texas, Alabama, Wisconsin, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Utah, Georgia, and West Virginia have filed this lawsuit against the Obama administration. (AP) This is almost certainly headed to the Supreme Court.

Governor Paul LePage of Maine reportedly chose to participate in the lawsuit himself. The AG of Maine did not.

  • swift_4

    I think when it comes to civil rights, the right wing is finally at an end. I think we’ll see a time in our lives when discrimination against anyone is illegal.

    Unfortunately, that’s the easy part. Getting people to stop discriminating will probably take another generation or two.

    Chances are, since Republicans need the Other to fear, they’ll probably go with “terrorists”.

  • Aynwrong

    Here’s hoping these states pay the same financial cost that North Carolina is currently experiencing.

  • Toolymegapoopoo

    Luckily for this guy nobody is banning people with eyes that point in different directions from entering bathrooms. How do you know he isn’t pretending to look at the wall while at the same time using his other eye to look at the dick of the kid pissing next to him?

    • 1933john

      I don’t know about the rest of you,
      but I don’t want some “Wall Eyed
      Pervert” casting an eye on my 83
      year-old pre-cybernetic dick.

  • muselet

    Based on recent statements made by Paxton, we can infer that he intends to challenge the scope of the Civil Rights Act and will argue that it does not explicitly include transgender rights.

    Which is about as sensible as arguing that I could punch Ken Paxton in the mouth because the battery laws don’t explicitly say anything about Ken Paxton.

    In the good universe, Paxton’s lawsuit would be laughed out of court. We don’t live in the good universe.

    –alopecia

    • JMAshby

      They’re following the same playbook they followed on immigration: file the lawsuit in Texas because the 5th Circuit is stocked with wingnuts. They’re judge-shopping, again. It’s not a coincidence that far-away states like Wisconsin and Maine didn’t file challenges in their own federal jurisdictions.

  • First of all, Texas is why we can’t have nice things. Second, of course my state would join in the lawsuit. Third, will the court actually take this case while they are short a Justice? Technically it shouldn’t matter but I can see many on the right claiming that any ruling they make isn’t legitimate because of the missing Justice. If the court doesn’t want to address any major case like this because of the political fallout, then they can string this shit out for years because they’re holding that position hostage.

    • JMAshby

      More specifically, the Arizona Department of Education joined the lawsuit. Because this is their priority now I guess.

      • They just passed a law that will raid our land trust fund to pay for education, this way Gov. Douchey and the GOP controlled state legislature won’t actually have to do their goddamn jobs and fund it. This entire state is controlled by nincompoops.

        • JMAshby

          Fiscal responsibility, or something.

        • Christopher Foxx

          This entire state is controlled by nincompoops.

          A situation that would have been harder to get to if we had a functioning press corp.

      • Aynwrong

        Maybe demonizing Latinos doesn’t provide the electoral dividends that it used to. Like you said, “There must always be a bogeyman.”

    • Christopher Foxx

      I can see many on the right claiming that any ruling they make isn’t legitimate because of the missing Justice.

      They’ll do exactly that. But only if the ruling is one they don’t like.

  • Dread_Pirate_Mathius

    They don’t need a “next” boogeyman while they still have Muslims. They’re going to beat that horse for the next decade at least.

    As for what’s next? We’ve started to see some progress with cybernetic implants. For example, there’s a least one guy walking around with a camera instead of eyes. My guess is that there will be significant growth in this area over the next few years and the Red Shirts are going to target “cyborgs” as “not human.” Especially if we ever get around to any kind of brain/memory augmentation. Place your bets!

    • They won’t have to do much to tap into that revulsion. The fear of things that sort of look human but aren’t is really, really deep in humans. There will definitely be a backlash against anything cyborg. From the far religious right it will be “we should not be playing God”. And from the left it will be that cyborgs will have unfair advantages.

  • Badgerite

    And the fight begins again. Why are these people always looking for people to isolate and harm.
    Now that they can’t go after the gay like they used to, so they just switched to another segment of the population. And also a minority.

    • Christopher Foxx

      Why are these people always looking for people to isolate and harm.

      It’s the only way they know to good about themselves: To make things bad for others and then congratulate themselves for not being part of the victimized group.

      Of course, that doesn’t stop them from declaring themselves the victims, anyway.

      It really is a fucked up mindset.

    • Conservatism relies on fear and you can’t have fear if you don’t have “The Other”. Plus it keeps the rubes distracted from the nightmare that is their nominee and from seeing how their party is handing the country over to corporations. A scared populace is a pliable populace.

      Edited to add: Very few people really understand transgendered people, they make up such a tiny percentage of the population, they’re already bullied and picked on so they’re weak, they desire anonymity. and most people won’t stand up for them. In their eyes, they’re the perfect target.

      • Badgerite

        I would dispute the “weak” part. I know one personally and weak would be the last word I would attach to him. I am sometimes in awe of how he has handled his life, actually. What a fine and decent person he is. And successful. And I can vouch for the fact that when he goes to the bathroom, he just wants to pee. Seriously, what is it with these people?

        • Christopher Foxx

          Seriously, what is it with these people?

          They’re fascinated with other people’s sex lives.

        • I apologize, I didn’t mean to imply that they individually are weak but instead meant to imply that they are weak from the standpoint that society often doesn’t support them. The ones I know are bastions of strength and I admire anyone who can stand up and tell the world “screw you, I know who I am and you can’t stop me from being who I am”.

          • Badgerite

            Yeah, I know you didn’t mean it that way. But you can’t really know this til you have seen someone you loved and admired released from a burden that made them so visibly unhappy. Even with all their success. Suddenly this person is happy and confident and full of themselves. It is one of the best things I have ever witnessed in my life.
            And you know the burden they lived with and the strength it took to bear it by the sheer joy you see in them in being freed from it.
            F ‘um. F Texas.

          • I couldn’t agree more. Someone very close to me is struggling with gender issues and I worry about her more now than ever because of this idiocy.

          • Kitty Smith

            And the ego of angry white boys. A. Fucking. Men.

      • GrafZeppelin127

        Very few people really understand transgendered people…

        …which is why they think it would be easy for anyone (viz., any man) to pretend to be transgender in order to gain unfettered access to women’s facilities and avoid any consequences of same. Notice how every right-winger’s definition or description of transgenderism includes the words “that day” or similar, e.g., “…feels like a woman that day.”

        The truth is they don’t want to understand transgendered people. They want to pretend that they don’t exist, and/or that they’re faking it, so they don’t have to consider or think about how they should be treated.

        • Christopher Foxx

          They want to pretend that they don’t exist, and/or that they’re faking it,

          The obvious extension to the belief that someone who is gay can be “cured”.