Texas Judge Ousts Biden-Era Guidelines on Restroom and Pronoun Policies

A federal judge in Amarillo, Texas, has ruled in favor of the state’s Republican Attorney General, Ken Paxton, concerning a lawsuit against guidelines issued by the Equal Employment Opportunity Commission (EEOC) during the Biden administration. These guidelines pertained to bathroom and pronoun policies.

Paxton instigated this lawsuit in August, contesting the EEOC’s April 2024 policy. This policy mandated that employers grant men access to women-only spaces, including restrooms and locker rooms, and also compelled employees to utilize pronouns that contradict a person’s biological sex.

On May 15, U.S. District Judge Matthew Kacsmaryk, appointed by former President Donald Trump, released a 34-page ruling. In it, he declared that the EEOC had overstepped its statutory authority. He further claimed that the guidance was “inconsistent with the text, history, and tradition” of Title VII of the 1964 Civil Rights Act and “recent Supreme Court precedent,” and thus vacated it.

“The Biden Administration unlawfully tried to twist federal law into a tool for advancing radical gender ideology,” Paxton stated, alleging that the administration was coercing employers into adopting ‘transgender’ policies or face lawsuits. “The federal government has no right to force Texans to play along with delusions or ignore biological reality in our workplaces. This is a great victory for common sense and the rule of law.”

The significance becomes clear when we consider that Kacsmaryk also dismissed the EEOC’s arguments. He contended that the agency misinterpreted the Supreme Court’s ruling in Bostock v. Clayton County. In this case, the high court ruled in a 6-3 decision in 2020 that Title VII protects employees against discrimination based on sexual orientation or gender identity. Furthermore, Kacsmaryk stated that the EEOC’s expanded definition of ‘sex’ lacked binding authority and contravened Title VII by defining discriminatory harassment to include transgender bathroom, pronoun, and dress preferences.

Kascmaryk posited that if Congress desired to redefine “sex” in Title VII to include “sexual orientation” or “gender identity,” it would have done so. “But it did not,” he penned. “Congress has the power to amend statutes to add accommodations, EEOC does not. Yet that’s exactly what the enforcement guidance does.”

On Inauguration Day, former President Donald Trump ordered the EEOC to repeal sections of the guidance that clashed with the executive order. However, any amendment or revocation must meet the approval of a majority vote of the commission. As of January 27, the EEOC lacks a quorum, the agency disclosed in a press release. Acting Chair Andrea Lucas, who voted against the new guidelines, remains in opposition to them.