After the US Department of Education instructed schools to allow biological males to compete on girls’ sports teams, twenty states have filed a lawsuit against the Biden administration.
According to the Daily Mail, Tennessee Attorney General Herbert Slatery and his colleagues in 19 other states asked a judge to enable them to separate restrooms, showers, and locker rooms based on ‘biological sex’ in a lawsuit filed in the US district court in Knoxville on Monday.
The lawsuit also wants schools to be permitted to divide sports teams based on ‘biological sex,’ enforcing clothing regulations accordingly, and without having to use a transgender person’s preferred pronouns.
In a statement, Slatery said, “All of this, combined with the danger of withholding educational funds in the midst of a pandemic, supports our case.”
In June, President Joe Biden’s Education Department announced that discriminating against students based on their sexual orientation or gender identity was a violation of Title IX, a federal provision that prohibits sex discrimination in education.
Schools that were found to be in violation of Title IX risked losing federal funding or experiencing a delay in getting them.
The 20 states argue that the Education Department and the Equal Employment Opportunity Commission (EEOC), which recently issued guidance on workplace LGBTQ discrimination, “have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.”
In his comments, Slatery stated, “This case is about two federal agencies rewriting legislation, which is Congress’ sole power.” ‘The agencies simply lack that authority.’ But it hasn’t deterred them from attempting it.’
The agencies were also accused of “flouting procedural rules in their zeal to overreach,” according to the lawsuit.
Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia are among the states named in the lawsuit. Except for three, these are all Republican-led states.
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