A second lawsuit has been filed by states objecting to the Obama administration’s call for schools to avoid discriminating against transgender students, including the recommendation that trans students be allowed to use restrooms and locker rooms matching their gender identity.
Ten states led by Nebraska filed the suit in federal court in that state, the Associated Press reports. The other states in the suit are Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming. Eleven other states, led by Texas and joined by some school districts and public officials, filed a similar suit in May. Both name the U.S. departments of Education, Justice, and Labor as defendants, plus the Equal Employment Opportunity Commission.
The new suit uses much of the same language as the previous one and contends that federal government departments and agencies do not have the right to interpret the law as they did, declaring that a prohibition on sex discrimination in education also bans discrimination based on gender identity. The sex discrimination clause is in Title IX of the Education Amendments of 1972.
I knew this was coming, but it really hurts to see ND in that list.
The federal guidance document on treatment of trans students, issued in May, is not legally binding, but it does advise schools on how to comply with their legal obligations to students. Schools that do not comply may lose federal funding.
The new filing means that nearly half the U.S. states are challenging the Obama administration’s guidance, and doing so based on a “1972 understanding of sex,” notes Zach Ford at ThinkProgress.
They can’t go home to the 1950s, but they’ll take it as close as they can get.
Full story here.