Many Americans were outraged last year last year when the Biden administration announced that schools would no longer be allowed students to segregate locker rooms and bathrooms on the basis of biological sex.
However, the administration suffered a legal setback last week after a federal judge issued an injunction barring the new rules from being enforced.
Challenge led by Tennessee AG
According to The Daily Wire, U.S. District Judge Charles Atchley Jr. ruled in favor of 20 state attorneys general challenging the administration’s policy.
“As demonstrated above, the harm alleged by Plaintiff States is already occurring — their sovereign power to enforce their own legal code is hampered by the issuance of Defendants’ guidance and they face substantial pressure to change their state laws as a result,” Atchley was quoted by the Associated Press as saying in his decision.
The plaintiffs are led by Tennessee’s Attorney General Herbert Slatery, who contends that the Equal Employment Opportunity Commission and the U.S. Department of Education are misinterpreting a 2020 Supreme Court ruling.
In Bostock v. Clayton County, the Court held that a private business that hires or fires employees based on their gender identity is in violation of Title VII of the 1964 Civil Rights Act.
“These agencies also have misconstrued the Supreme Court’s Bostock decision by claiming its prohibition of discrimination applies to locker rooms, showers, 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,” Slatery argued last year according to Courthouse News.
Further, the plaintiffs contend that the administration “purports to resolve highly controversial and localized issues such as … whether individuals may be compelled to use another person’s preferred pronouns.”
“But the agencies have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation,” they added.
For his part, President Joe Biden has repeatedly boasted of how his administration is working to advance LGBTQ issues while also criticizing Republicans.
“I don’t have to tell you about the ultra-MAGA agenda attacking families and our freedoms. Three-hundred discriminatory bills introduced in states across this country,” Fox News quoted him as saying at a White House speech last month.
“In Texas, knocking on front doors to harass and investigate parents who are raising transgender children,” he complained.