President Joe Biden now has a total of 20 states working to block his transgender mandate tied to schools. This mandate basically allows biological boys who identify as female to compete in girls’ sports. It also makes the way for transgender youths to use locker rooms and bathroom facilities in accordance with their preferred “gender identity” as opposed to their biological sex.
A group of 20 states sued the Equal Employment Opportunity Commission (EEOC) and the Department of Education (DOE) over the mandate on Monday. The Tennessee Attorney General Herbert Slatery led the way. But he was joined in the lawsuit by: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia.
Slatery said in a statement that “this case is about two federal agencies changing the law, which is Congress’ exclusive prerogative.”
Fox News also reported that the DOE and EEOC had issued guidance that referenced the U.S. Supreme Court’s decision in Bostock v. Clayton County. It said employers cannot terminate workers because of their gender identity or sexuality, and that not recognizing a person’s gender identity would also constitute actionable discrimination under Title VII.
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Fox News said, “The lawsuit argues that Bostock was a ‘narrow decision’ that was limited to employment termination and ‘did not address the myriad other forms of alleged discrimination’ the agencies identified as prohibited discrimination under Title VII, like sex-segregated bathrooms and sports teams.”
The news agency argued further that the lawsuit attempts to resolve highly controversial and localized issues like whether employers and schools can maintain sex-separated showers and locker rooms, or whether schools must allow biological males to compete on female athletic teams.
“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,” the lawsuit states.
The states are not alone in the suit against the president. Last month, pediatricians and some other health care workers joined the suit against the Biden administration over the “gender identity” expansion tied to health care. They wrote that the mandate from the president would require medical professionals to provide gender-related services and surgeries despite objections, medical or otherwise.
A press release from the Alliance Defending Freedom (ADF) said, “The American College of Pediatricians, the Catholic Medical Association, and an OB-GYN doctor who specializes in caring for adolescents filed suit in federal court to challenge a Biden administration mandate requiring doctors to perform gender transition procedures on any patient, including a child, if the procedure violates a doctor’s medical judgment or religious beliefs.”
The ADF wrote that, “The U.S. Department of Health and Human Services reinterpreted non-discrimination on the basis of sex in the Affordable Care Act to include gender identity and thus require gender transition interventions, services, surgeries, and drugs on-demand, even for children, no matter a doctor’s medical judgment, religious beliefs, or conscientious objection.”
The ADF is representing more than 3,000 physicians and health care professionals in this lawsuit.
Ryan Bangert, an ADF Senior Counsel, criticized President Biden’s administration in a statement saying it was “grossly overreaching its authority” and called the mandate flatly “unlawful.”
“The law and the medical profession have long recognized and respected the biological differences between boys and girls and the unique needs they each present in health care. Forcing doctors to prescribe transition hormones for 13-year-olds or perform life-altering surgeries on adolescents is unlawful, unethical, and dangerous,” Bangert said.
He continued, “President Biden’s Health and Human Services department is grossly overreaching its authority and, in so doing, putting children’s psychological and physical health in danger. Our clients are rightfully objecting on medical, ethical, religious, and conscientious grounds to this unlawful government mandate to provide gender-transition procedures.”