20 states SUE Biden admin for letting biological males in girls sports

20 states SUE the Biden administration for letting biological males compete on girlssports teams

  • The lawsuit was filed by Tennessee Attorney General Herbert Slatery on Monday
  • It takes aim at the Department of Education and Equal Employment Opportunity Commission for ‘flouting procedural requirements in their rush to overreach
  • Biden’s DOE announced protections for transgender students falls under Title IX
  • Secretary Miguel Cardona based the directive off a DOE legal analysis that concluded discrimination in school should be treated like it is in the workplace
  • The federal government’s mandates were based off Bostock v. Clayton County
  • Supreme Court justices ruled workplace discrimination on the basis of sexual orientation equates to discrimination based on gender and therefore is illegal
  • Die 20 attorneys general in this current lawsuit argue that some of the agenciesguidelines regarding preferred pronouns and school sports aren’t in Bostock
  • They are asking a judge to allow schools to separate school sports and bathrooms based on ‘biological sexand to not use studentspreferred pronouns
  • 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 girlsschool 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 sexand 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 sexand 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 was filed by Tennessee Attorney General Herbert Slatery, who released a statement calling the DOE and EEOC's guidelines on transgender students and employees 'new, expansive, and unlawful interpretations of federal antidiscrimination laws'

    The lawsuit was filed by Tennessee Attorney General Herbert Slatery, who released a statement calling the DOE and EEOC’s guidelines on transgender students and employees ‘new, expansive, and unlawful interpretations of federal antidiscrimination laws

    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.

    Under the Biden administration, federal agencies have dramatically expanded protections for transgender Americans

    Under the Biden administration, federal agencies have dramatically expanded protections for transgender Americans

    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.

    Schools that violate Title IX risk losing or delaying their federal funding.

    It based its logic on Bostock v. Clayton County, a landmark Supreme Court ruling which in June 2020 decided that workplace protections on the basis of sex under Title VII also extends to discrimination based on sexual orientation.

    A DOE legal analysis concluded there is ‘no persuasive or well-founded basisto treat education differently from employment.

    Bloomfield High School transgender athlete Terry Miller, tweede van links, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, heel links, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven, Connecticut in February 2019

    Bloomfield High School transgender athlete Terry Miller, tweede van links, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, heel links, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven, Connecticut in February 2019

    Also in June, the EEOC released guidance about what could constitute discrimination against LGBTQ people and advised the public about how to file a complaint.

    But the lawsuit argues those issues are ‘highly controversial and localized issuesand asserts that the agenciesmandates violate the 10th amendment which gives powers not explicitly relegated to the federal government over to states.

    Slatery accused the Biden administration of misconstruing Bostock v. Clayton Countyby claiming its prohibition of discrimination applies to locker rooms, storte, and bathrooms under Title IX and Title VII and biological men who identify as women competing in women’s sports, when the Supreme Court specifically said it was not deciding those issues in Bostock.

    Joining Tennessee in the lawsuit are Alabama, Alaska, Arizona, Arkansas, Georgië, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, Suid Carolina, Suid -Dakota, and West Virginia.

    All but three of the above are Republican-led states.

    Title IX protections for LGBTQ students were expanded under Biden Education Secretary Miguel Cardona

    Attorney General Merrick Garland was also named in the lawsuit

    Education Secretary Miguel Cardona (links) and Attorney General Merrick Garland (reg) were named as defendants in the 20 state’ lawsuit

    The governors of Arkansas, Florida, Idaho, Mississippi, Suid -Dakota, Tennessee and West Virginia have all passed measures specifically restricting transgender girls from competing on girls' school sports teams

    The governors of Arkansas, Florida, Idaho, Mississippi, Suid -Dakota, Tennessee and West Virginia have all passed measures specifically restricting transgender girls from competing on girlsschool sports teams

    In Kansas, Democratic Governor Laura Kelly vetoed a GOP bill banning transgender girls from participating in school sports.

    A number of top Biden officials are named as defendants in the suit, including Education Secretary Miguel Cardona and US Attorney General Merrick Garland.

    The federal government’s guidance on transgender students comes after numerous governors signed bills to restrict transgender individuals from competing on sports teams that aren’t for their biological sex.

    The governors of Arkansas, Florida, Idaho, Mississippi, Suid -Dakota, Tennessee and West Virginia have all passed measures specifically restricting transgender girls from competing on girlsschool sports teams.

    Alabama Governor Kay Ivey signed a blanket ban on transgender students participating in school sports up until grade 12.

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