Ten more states sue feds over transgender student guidance

by Rob Howard
Associate Editor

Ten states filed a lawsuit against the federal government over rules that permit transgender students to use bathrooms and locker rooms consistent with their chosen gender identity. The rules were released by the Departments of Justice and Education in May.

The lawsuit was filed in federal court in Nebraska.

 “Nebraska Attorney General Doug Peterson says in a news release that the U.S. Education Department and Justice Department have circumvented established law and the process for changing existing laws. Peterson also says the rule takes away the authority of local school districts to deal with such issues on an individualized basis,” according to the Associated Press.

“The other states involved are Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming.”

This is not the first federal lawsuit over the issue. Texas Attorney General Ken Paxton initiated a lawsuit challenging the directive shortly after the rules were issued. Other states in that lawsuit are “Oklahoma, Alabama, Wisconsin, West Virginia, Tennessee, Maine, Louisiana, Utah, Arizona, Kentucky, Mississippi and Georgia,” according to the AP.

“Conservative-led states had vowed defiance since the Justice Department handed down the guidance.”

“The guidance from leaders at the departments of Education and Justice says public schools are obligated to treat transgender students in a way that matches their gender identity, even if their education records or identity documents indicate a different sex,” the AP reported in May.

"’There is no room in our schools for discrimination of any kind, including discrimination against transgender students on the basis of their sex,’ Attorney General Loretta Lynch said in a statement accompanying the directive.”

Fox News, commenting on the directive on May 13, said, “The administration’s directive -- citing Title IX in telling schools to give transgender students access to all activities and facilities consistent with their gender identity -- effectively touched off a national debate that could well extend into the next president’s term and reverberate through the courts.

“Texas Lt. Gov. Dan Patrick, speaking to reporters Friday, said his state ‘will not yield to blackmail from the president of the United States.’

"’This goes against the values of so many people,’ he added. ‘This has everything to do with keeping the federal government out of local issues.’

“White House spokesman Josh Earnest later defended the letter as ‘guidance’ that was requested by schools across the country and said it ‘does not add any additional requirements under the law.’”

The Office for Civil Rights (OCR) in the US Department of Education issued official guidance which makes clear that transgender students are protected from discrimination under Title IX on April 29, 2014.

According to a statement by GLSEN, “Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Specifically, the guidance states that ‘Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.’”

Today’s Nebraska led lawsuit brings to 23 the number of states suing to have the DOJ/DOE joint guidance overturned.

The Associated Press contributed to this article. Copyright 2016 The Gayly – July 8, 2016 @ 1:30 p.m.