Arizona, joined by 10 other mostly “red” states, wants to overturn a Justice Department determination that transgender students should be allowed to use the restroom that corresponds with their gender identity.
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Eight states have already signed onto an amicus brief in an ongoing lawsuit, throwing support behind a school policy in Virginia that prevents transgender students from using the bathroom of their choice. It bans transgender people from using bathrooms that don’t match the gender on their birth certificate.
Just last week, Attorney General Morrisey advised state and county officials that the federal directive has no force of law.
The guidance issued by the Department of Education and Department of Justice detailed guidelines explaining the obligations that schools receiving public funding have to their transgender students.
State lawmakers plan to hold a hearing sometime this summer to look at how the directive affects schools and transgender students.
The plaintiffs include Oklahoma, Louisiana, Utah, Georgia, West Virginia, Wisconsin, West Virginia, Tennessee, Paul LePage, the Republican governor of ME, the Arizona Department of Education and two schools districts, one in Arizona, the other Texas.
Amid a national debate on transgender rights, President Barack Obama’s administration on May 13 told US public schools that transgender students should be allowed to use the bathroom of their choice, upsetting Republicans and paving the way for fights over federal funding and legal authority.
The lawsuit claims the directive “has no basis in law” and could cause “seismic changes in the operations of the nation’s school districts”.
The White House issued a directive this month, mandating that all students be allowed to use the toilet that matches their gender identity. Now, it’s up to the courts to decide if transgender people fall under that protection. Walker granted the Attorney General’s request to join the federal lawsuit.
MS plans to back the 11 other states that filed a lawsuit Wednesday to block the Obama administration’s transgender bathroom policy at public schools, Gov. Phil Bryant said.
Whereas opponents say the laws put women and children at risk, defenders argue the directive is meant to combat descrimination.
“President Obama’s attempts to re-write the laws of our country without congressional consent and approval are not going to be tolerated by the State of Wisconsin”, said Attorney General Schimel.
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“When Arizona students attend school, they deserve a safe environment that is free from bullying and discrimination, regardless of their gender identity”, Douglas said in a prepared statement. The guidance also carried the threat of withholding federal funding if schools are found by the U.S. Departments of Education and Justice to be out of compliance.
