US District Judge Reed O'Connor of Wichita Falls, Texas ruled on Sunday that "continued lack of access in public schools to bathrooms matching transgender persons' gender identity won't cause them irreparable harm."
O'Connor concluded the U.S. Department of Justice and the Department of Education had failed to show they will suffer irreparable injury if he allows to continue his nationwide ban on their policy for allowing transgender people in public schools access to the bathrooms assigned to the gender with which they self-identify.
To justify his finding, O'Connor cited the fact that over four decades had passed since the passage of Title IX and Title VII without the new guidelines.
[T]he Court views this delay as strong evidence that Defendants will suffer no irreparable injury if a stay is denied and enforcement of the [federal agencies'] guidelines delayed until their legality is established.
In other words, transgender kids have been abused for over 40 years, so another ten or so will cause no additional damage to anyone.