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Trans News20 States To Sue Biden Administration

US — . Federal agencies lacked the authority to resolve such sensitive questions as “whether employers and schools may maintain sex-separated showers and locker rooms, whether schools must allow biological males to compete on female athletic teams, and whether individuals may be compelled to use another person’s preferred pronouns,” particularly “by executive fiat without providing any opportunity for public participation,” a complaint filed by 20 states in the United States District Court for the Eastern District of Tennessee Knoxville Division is arguing. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


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The August 30 complaint was filed by Tennessee. Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia joined on. The states say they are suing “to prevent the agencies from usurping authority that properly belongs to Congress, the States, and the people.” Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


On January 20, the day Joseph Biden was inaugurated President, his administration passed “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The states’ complaint alleges that the President’s executive order “directed federal agencies to rewrite federal law” that was intended to protect against sex-based discrimination to implement the administration’s gender identity anti-discrimination policy. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


Responding to the executive order, “the Department of Education (‘Department’) and Equal Employment Opportunity Commission (‘EEOC’), each flouting procedural requirements in their rush to overreach, issued ‘interpretations’ of federal antidiscrimination law far beyond what the statutory text, regulatory requirements, judicial precedent, and the Constitution permit,” the states’ complaint continues. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/



President Biden’s directive rose from faulty understanding of the Supreme Court’s decision in Bostock v. Clayton County, which held that terminating an employee “simply for being homosexual or transgender” constitutes discrimination “because of . . . sex” under Title VII of the Civil Rights Act of 1964. The Department misinterpreted the Court’s Bostock ruling as interpreting that “discrimination based on gender identity” was included in the “prohibition on discrimination ‘on the basis of sex’,” although the written decision in Bostock “expressly disclaimed any intent to interpret other federal or state laws that prohibit sex discrimination” and “Title IX expressly permits sex separation on the basis of biological sex,” the states’ complaint explained. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


“The Department compounded that erroneous interpretation by issuing further guidance in a ‘Fact Sheet’ that similarly disregards Title IX’s plain text,” including allowing the Department to “launch an investigation if a school prevents a student from joining an athletic team or using the restroom that corresponds to the student’s gender identity, or if a student’s peers decline to use the student’s preferred pronouns.” Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


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The EEOC Chair “unilaterally issued a ‘technical assistance document’ declaring, among other things, that requiring transgender employees to use the shower, locker room, or restroom that corresponds to their biological sex, or to adhere to the dress code that corresponds to their biological sex, constitutes discrimination under Title VII […] notwithstanding that the Supreme Court expressly declined to ‘prejudge’ those issues” in rendering its Bostock decision. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/


The 20 states say the Department’s and EEOC’s Documents run afoul of the Tenth Amendment of the US Constitution, which declares: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”


The states are asking the court to declare the Department’s and EEOC’s documents unlawful, affirm that Title IX recipients and employers are not prohibited from providing “showers, locker rooms, bathrooms, residential facilities, and other living facilities separated by biological sex” nor compelled to “preferred pronouns,” and to block enforcement of the agencies’ documents. Continue reading 20 US States Sue Biden Admin Over Transgender Directives for Sports, Showers, Locker Rooms, Living Facilities, Restrooms | Women Are Human. Read more at: https://www.womenarehuman.com/20-us-states-sue-biden-admin-over-transgender-directives-for-sports-showers-locker-rooms-living-facilities-restrooms/






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Scott Newgent

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