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By Christopher Collins of the Times Record News

A federal lawsuit filed in Wichita Falls last week challenges the rights transgender people have to use public school bathrooms of their choice, but it also smacks of another lawsuit filed last year in the same court.

In that case, Judge Reed C. O'Connor, who presides over the U.S. District Court's Northern Texas District, ruled in favor of states who sued the federal government over labor rights for same-sex couples. Much like the current lawsuit, State of Texas et al. v. United States Department of Labor pitted several states against a federal government agency and its leader in his official capacity.

Texas v. Department of Labor revolved around a same-sex couple who married in New York and wanted to use Texas' Family Medical Leave Act. At the time, same-sex marriage was not legal in Texas, and the state — joined by Arkansas, Louisiana and Nebraska — sued for an injunction and restraining order against the federal government so they wouldn't be forced to comply with the act.

With an opinion from O'Connor, the states won, at least until same-sex marriage was made legal by a Supreme Court ruling later that year.

"The Final Rule promulgated by the Department of Labor would impact, without legislative or judicial approval, the ability of state agencies to abide by the states' definition of marriage..." the court wrote in its opinion. "This action not only implicates federalism concerns... it also implicates the question of whether a federal agency may require state actors to violate state laws through this act of rulemaking."

The lawsuit was only in court for about a week before O'Connor granted preliminary injunctive relief to plaintiffs.

Last week, Wichita Falls once again found itself smack dab in the middle of a battle between the states and the feds, but this fight is about whether public school districts ought to comply with Obama administration guidance that transgender students be allowed to use the bathroom that fits their gender identity.

In response to the guidance, Harrold Independent School District in Wilbarger County passed a policy that students must use the bathroom matching their biological sex, gender identity notwithstanding.

A few days later, the school district joined a lawsuit against the U.S. Departments of Justice and Education. Other plaintiffs include a handful of conservative states, school districts and a state governor.

This lawsuit, termed State of Texas et al. v. United States of America, et al., also seeks injunctive and declaratory relief from the federal government.

The act of filing suit in the court of a like-minded judge has a name: forum shopping. A Texas Tribune article indicates representatives of the state's Attorney General's Office approached at least two North Texas schools before deciding to base their lawsuit in Wichita Falls.

Stephen I. Vladeck, a law professor at the University of Texas, said the practice of finding a favorable venue from which to litigate is fairly common.

"I do think it's safe to say that, like many other litigants, states will often engage in forum-shopping when deciding where to bring a new claim," Vladeck said. "And especially when states are seeking to sue the federal government, it wouldn't be the least-bit surprising if they tried to end up before judges who had already allowed such claims to go forward."

Lino A. Graglia, also a law professor at the University of Texas, said the issue of rights for transgender students can be "emotional" for the public, including the judges that rule on litigation.

"You have an emotional issue. You have the kind of issue that a judge's ideology, whatever is it, can play a role," Graglia said. "(Plaintiffs) are going to try to find a judge who would be sympathetic to their cause."

A representative of the Texas Attorney General's Office — the agency spearheading the litigation against the U.S. government — did not return a Times Record News request for comment Tuesday.