The Tennessee Attorney General filed a lawsuit against the Biden administration over what the state has dubbed “unlawful interpretations” of federal anti-discrimination laws that allow biological males who identify as female to compete in women’s sports.
If successful, the lawsuit would stop the federal government from mandating that school districts across the country allow individuals to use facilities, or play sports, that align with their gender identity as opposed to their biological identity.
The lawsuit takes aim at the Equal Employment Opportunity Commission (EEOC) and the Department of Education over its mandated, progressive interpretation of anti-discrimination laws.
The lawsuit reads:
The recent guidance from the Department [of Education] and the EEOC concerns issues of enormous importance to the States, employers, educational institutions, employees, students, and other individual citizens. The guidance purports to resolve highly controversial and localized issues such 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. 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.
Tennessee Attorney General Herbert Slatery filed the lawsuit with a multi-state coalition, including Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia.
Existing guidance from the EEOC and Education Department purports to “resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns.”
Slatery argues that it is Congress’ role to change laws, not the role of the EEOC or Department of Education.
“This case is about two federal agencies changing law, which is Congress’ exclusive prerogative,” Slatery said. “The agencies simply do not have that authority. But that has not stopped them from trying.”
The mandates from the EEOC and Education Department stem from Biden’s executive order on “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The executive order helped redefine sexual orientation to include gender identity.
Biden’s executive order read, “Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes … All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”