Twenty US states have launched a lawsuit against the Biden administration after the Department of Education (DOE) mandated that schools allow biological males to compete in girls’ school sports.
Tennessee Attorney General Herbert Slatery filed the lawsuit on Monday at the US district court in Knoxville.
The lawsuit also takes aim at the Equal Employment Opportunity Commission (EEOC) for guidance it released on LGBTQ discrimination in the workplace.
Slatery and the other 19 attorneys general are asking a judge to allow schools to separate showers, locker rooms and bathrooms based on ‘biological sex’ and release schools from needing to use a transgender person’s preferred pronouns. It asks for the same for places of employment.
They also want schools to have the freedom to separate school sports teams by ‘biological sex’ and for workplaces to be able to enforce dress codes based on the same.
‘All of this, together with the threat of withholding educational funding in the midst of a pandemic, warrants this lawsuit,’ Slatery argued in a statement.
The lawsuit argues the DOE and EEOC ‘have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.’
It claims the two agencies are ‘flouting procedural requirements in their rush to overreach.’
‘This case is about two federal agencies changing law, which is Congress’ exclusive prerogative,’ Slatery wrote in the statement. ‘The agencies simply do not have that authority. But that has not stopped them from trying.’
Under President Joe Biden in June, the DOE announced that discrimination based on a student’s sexual orientation or gender identity will be regarded as a violation of Title IX, a federal law that protects against sex discrimination in education.
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SOURCE: Daily Mail, Elizabeth Elkind; The Associated Press