N.D. Tex. 7:16-cv-00054 Case History

State of Texas v. United States
No. 7:16-cv-00054,  Docket 

Court: Northern District Texas
Assigned to: Judge Reed C O’Connor

Associated Cases:
Texas v. United States, No. 16-11534, Docket (5th Cir.)




  • HEARING on preliminary injunction held August 12, 2016; TRANSCRIPT
  • ORDER Granting injunction (08/21/2016)
    • All parties to this cause of action must maintain the status quo as of the date of issuance of this Order and this preliminary injunction will remain in effect until the Court rules on the merits of this claim, or until further direction from the Fifth Circuit Court of Appeals. 
    • This preliminary injunction shall be binding on Defendants and any officers, agents, servants, employees, attorneys, or other persons in active concert or participation with Defendants.
    • Defendants are enjoined from:
      • enforcing the Guidelines against Plaintiffs and their respective schools, school boards, and other public, educationally-based institutions;
      • initiating, continuing, or concluding any investigation based on Defendants’ interpretation that the definition of sex includes gender identity in Title IX’s prohibition against discrimination on the basis of sex;
      • using the Guidelines or asserting the Guidelines carry weight in any litigation initiated following the date of this Order.  
    • Scope of the Injunction
      • The Court concludes this injunction should apply nationwide.
      • [ ] an injunction should not unnecessarily interfere with litigation currently pending before other federal courts on this subject regardless of the state law. As such, the parties should file a pleading describing those cases so the Court can appropriately narrow the scope if appropriate.
  • See below for Notice of Appeal

Procedure as to Scope of Injunction

  • Defendants’ Notice to the Court of other litigation (09/27/2016)
    • USA must respond to motion for preliminary injunction in Privacy Matters v. U.S. Dept of Ed by October 11
    • Reiterate request for ruling on motion for clarification by Oct 3
  • Defendants’ Notice of Supplemental Authority (09/28/2016)
    • Informing Court that on September 23, 5th Circuit vacated its panel decision in Texas v. EEOC, No. 14-10949, an opinion this court relied substantially on in granting the preliminary injunction 
  • Hearing held September 30, 2016; Minute Entry release of transcript online set for 1/23/2017
  • ORDER (10/18/2016)
    • Clarifies that
      • Preliminary injunction applies nationwide
      • Defendants’ core missions to combat discrimination based on race, national origin, or disability, and the EEOC’s statutory duties are not otherwise affected by the preliminary injunction
      • Injunction limited to issue of access to intimate facilities.
      • Defendants enjoined from relying on Guidelines, “but may offer textual analyses of Title IX and Title VII in cases where the Government and its agencies are defendants or where the United States Supreme Court or any Circuit Court request that Defendants file amicus curiae briefing on this issue.”
    • Additional briefing ordered on “whether the Defendants’ Guidelines are enjoined in total or whether the principal of severability applies to them, whether the injunction implicates Title VII in any manner (and specifically where school employees and staff may share intimate facilities with students), and whether OSHA or DOL activity is implicated by the injunction.” See Supplemental Briefing, below

Defendants’ Notice of Appeal to 5th Circuit Court of Appeals (10/20/2016)
     – Appeals order granting preliminary injunction (08/21/16) and order on scope of injunction (10/18/16)
Docketed as case number 16-11534

Supplemental Briefing
Motion for Partial Stay



Dr. Tudor’s Notice of Protective Appeal to 5th Circuit Court of Appeals (11/03/2016)
     – Appeals order granting preliminary injunction (08/21/16) and order on scope of injunction (10/18/16) 
Added as party to case docketed as number 16-11534




Current through Docket # 100+1, 11/22/2016