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11 states sue over Obama’s school transgender directive

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Republican Texas Attorney General Ken Paxton walked away after announcing Texas’ lawsuit to challenge President Obama’s transgender bathroom order during a news conference in Austin, Texas today. Texas and several other states sued the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity. (Jay Janner/Austin American-Statesman via AP)

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Chad Griffin, left, president of the Human Rights Campaign, and Mara Keisling, executive director of the National Center for Transgender Equality talked to the media outside the Meeting Chamber during a break at the Charlotte City Council meeting on Monday, in Charlotte, N.C. (David T. Foster III/The Charlotte Observer via AP)

AUSTIN, Texas » Texas and 10 other states are suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity.

The lawsuit announced today includes Oklahoma, Alabama, Wisconsin, West Virginia, Tennessee, Maine, Arizona, Louisiana, Utah and Georgia. It asks a North Texas federal court to declare the directive unlawful in what ranks among the most coordinated and visible legal challenges by states over the socially divisive issue of bathroom rights for transgender persons.

The Obama administration has “conspired to turn workplace and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights,” the lawsuit reads.

Many of the conservative states involved had previously vowed defiance, calling the guidance a threat to safety while being accused of discrimination by supporters of transgender rights. U.S. Attorney General Loretta Lynch has previously said “there is no room in our schools for discrimination.”

The White House had no comment on the lawsuit. The Justice Department said it would review the complaint and did not comment further.

Texas’ lieutenant governor has previously said the state is willing to forfeit $10 billion in federal education dollars rather than comply. The directive from the U.S. Justice and Education Departments represents an escalation in the fast-moving dispute over what is becoming the civil rights issue of the day.

Pressed about whether he knew of any instances in which a child’s safety had been threatened because of transgender bathroom rights, Republican Texas Attorney General Ken Paxton said “there’s not a lot of research” during a news conference about the lawsuit. He said he his office has heard from concerned parents, but didn’t say how many, and said he did not meet with any parents of transgender students before drafting the lawsuit.

The states claim that the directive demands “seismic changes” in schools across the U.S. and forces them to let students choose a bathroom “that match their chosen ‘gender identity’ on any given day.”

Two school districts joined the states in the lawsuit: one is the tiny Harrold school district in North Texas, which has roughly 100 students and passed a policy this week requiring students to use the bathroom based on the gender on their birth certificate. Superintendent David Thweatt said his schools have no transgender students to his knowledge but defended the district taking on the federal government.

“It’s not moot because it was thrusted upon us by the federal government,” Thweatt said, “or we were going to risk losing our federal funding.”

The question of whether federal civil rights law protects transgender people has not been definitively answered by the courts and may ultimately be decided by the Supreme Court. But schools that refuse to comply could be hit with civil rights lawsuits from the government and could face a cutoff of federal aid to education.

The guidance was issued after the Justice Department and North Carolina sued each other overs a state law that requires transgender people to use the public bathroom that corresponds to the sex on their birth certificate. The law applies to schools and many other places.

Supporters say such measures are needed to protect women and children from sexual predators, while the Justice Department and others argue the threat is practically nonexistent and the law discriminatory.

Education officials in Arizona said campuses already had policies to protect students from bullying and discrimination “regardless of their gender identity.” A small Arizona school district also joined in the lawsuit.

“The fact that the federal government has yet again decided that it knows what is best for every one of our local communities is insulting and, quite frankly, intolerable,” Arizona Superintendent of Public Instruction Diane Douglas said.

8 responses to “11 states sue over Obama’s school transgender directive”

  1. kuroiwaj says:

    Will Hawaii join the 11 other States? Not holding my breath.

    • sarge22 says:

      Let’s make it 50.

      • Happysahm says:

        It’s funny how the supporters of allowing transgender individuals to use the restroom they identify with keep asking if there has been any cases of a transgender student assaulting someone. However, it’s not the legitimate transgender kids most of us are worried about. It’s the straight teenage boy going into the girls locker room that we couldn’t punish if he says he identifies as a girl. What about the women who decide to forgo the long lines at the women’s restroom and go into the men’s restroom? Knee jerk reactions that make the majority suffer. They need to start looking at individual stalls. It will cost money and take a long time but that’s what happened with handicap accessibility. It didn’t happen overnight.

    • d_bullfighter says:

      Nah, Hawaii would rather accommodate a mental disorder rather than treat it.

    • Keonigohan says:

      From racial divisiveness…to obamacare…to transG…O is the worst potus in American history.

  2. hilopango says:

    Look down. See the plumbing you were born with? That corresponds with the toilet that you will use. If you want to make changes to the plumbing, then you will use the toilet that corresponds with your new plumbing. We need to protect the privacy and safety of the masses, for goodness sake!

  3. Cellodad says:

    Geez, another totally manufactured non-issue. Kids have been dealing with this for decades and very rarely does it ever get to the plate of administration. (In fact, the only time I ever dealt with this was when two girls were having sex in the “B” Bldg. bathroom disabled stall and they were so noisy, it disturbed the other kids trying to use the facilities. Complaints followed, issue resolved.)

  4. Ronin006 says:

    The issue is Title IX of the Higher Education Act of 1964 which prohibits discrimination based on race, national origin, religion and sex in public school activities and programs that receive federal financial assistance. The penalty for violating the law is the loss of federal funding. The key word in the law is SEX, of which there are only two, one being male the other female. However, Obama and the DOJ have changed the meaning or definition of sex to include a new category called “transgender” which is a person of one sex who self-identifies as being of the opposite sex, and they are threatening the withholding of federal funds to states that do not toe the line and accept transgender as a sex. It is insane, something that only liberals would contrive, but we are stuck with it until one of several law suits challenging Obama’s dictate works its way to the Supreme Court or until Congress amends the law to define sex as male and female only.

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