20 states sue Biden School of Administration and work to protect LGBT people | New policies
By JONATHAN MATTISE, Associated Press
NASHVILLE, Tenne align with a person’s gender identity.
Tennessee Attorney General Herbert Slatery filed the lawsuit in Knoxville U.S. District Court, arguing that legal interpretations by the U.S. Department of Education and the Equal Opportunities Commission jobs are based on a mistaken view of US Supreme Court jurisprudence.
The Supreme Court ruled in June 2020 that a landmark civil rights law, under a provision called Title VII, protects gays, lesbians and transgender people from discrimination in employment.
In June, the Department of Education declared that discrimination based on a student’s sexual orientation or gender identity will be treated as a violation of Title IX, the 1972 federal law that protects against sex discrimination. in education. A ministry legal analysis concluded that there was “no compelling or well-founded basis” for treating education any differently from employment.
Also in June, the Equal Employment Opportunity Commission issued guidelines on what could constitute discrimination against LGBTQ people and advised the public on how to file a complaint.
With her guidance, the Biden administration has partly taken a stand against laws and proposals in a growing number of states that seek to ban transgender girls from participating in women’s sports teams. State attorneys general argue that authority over such policies “rests squarely with Congress, the states and the people.”
“The guidelines claim to address very controversial and localized issues, such as the ability for employers and schools to maintain gender-separated showers and locker rooms, if schools are to allow biological men to compete in women’s sports teams and whether individuals can be coerced into using another person’s clothing. preferred pronouns, ”says the trial. “But agencies have no authority to resolve these sensitive issues, let alone do so by executive order without offering any opportunity for public participation.”
Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia join Tennessee in the lawsuit.
The lawsuit asks a judge for a number of declarations on Title IX in schools and Title VII in the workplace: that they do not prohibit schools and employers from having showers, changing rooms, bathrooms and other living facilities separated by “biological sex”; that they do not require employers, school employees or students to use the preferred pronouns of a transgender person; that they do not forbid school sports teams to be separated by “biological sex”; and that they do not prohibit work dress codes based on “biological sex”.
The education policy includes the possibility of federal sanctions against schools and colleges that fail to protect gay and transgender students.
On Monday, the Justice Department did not immediately respond to a request for comment on the trial.
The Education Directive reversed the policies of President Donald Trump’s era that removed civil rights protections for transgender students. In 2017, the Trump administration lifted President Barack Obama’s era guidelines allowing transgender students to use bathrooms and locker rooms that match their gender identity.
At the time, then Education Secretary Betsy DeVos said the problem was “best addressed at the state and local level” and that earlier directives had led to an increase in lawsuits against for clarification.
The new action does not restore Obama-era policy, but rather clarifies that the Department of Education’s civil rights office will investigate complaints of discrimination involving gay or transgender students. If the ministry finds evidence of discrimination based on sexual orientation or gender identity, it will pursue a resolution to “address specific compliance concerns or violations.”
Federal agencies have noted that the workplace and education guidance documents do not have the force of law. State attorneys general have argued that they risk the federal government enforcing the guidelines, threatening the sovereign authority of their states, entailing significant liability and endangering their federal funding for education.
In June, the Justice Department filed expressions of interest in lawsuits to overturn new laws in two states. In West Virginia, a law prohibits transgender athletes from participating in women’s sports. Arkansas became the first state to ban gender-confirming treatment or surgery for transgender youth.
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