A federal judge in Tennessee has issued an order barring two U.S. agencies from enforcing new federal guidance extending enforcement of discrimination in schools and workplaces based on gender identity.
“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 wrote.
The Department of Education guidance from June 2021 said discrimination based on a student's sexual orientation or gender identity would be treated as a violation of Title IX, the 1972 federal law that protects sex discrimination in education. With its guidance, the Biden administration in part took a stand against laws and proposals in a growing number of states that aim to forbid transgender girls from participating on female sports teams. The state attorneys general contend that the authority over such policies “properly belongs to Congress, the States, and the people.”
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