Federal Judges Temporarily Prevent Biden Administration from Protecting Transgender Students and Employees in 20 States

Orders issued late Friday allow 20 states to continue to enforce Controversial law No risk of government retaliation, including loss of federal funding to schools. He received praise from Tennessee, the state leader in the proceedings, and criticism from LGBTQ supporters who criticized the judge for “legislating from the bench.”

According to agency guidance, transgender students and workers will have Title IX, which bans gender discrimination in federally funded schools, and employment discrimination based on race, color, religion, gender, and country of origin. Is subject to title VII, which prohibits. This guidance allows transgender individuals to ban school sports teams, bathrooms and locker rooms that match gender identity, and to allow employers to deliberately deny the use of workers’ preferred pronouns. It aims to protect against numerous transgender measures, such as measures. ..

“As shown above, the harm claimed by the plaintiffs has already occurred. The sovereignty to enforce their own legal norms has been hampered by the issuance of the defendant’s guidance, and as a result, they are state law. Faces great pressure to change, “said Charles E. Atchley, Jr., appointed judge Trump. Written in his preliminary injunction.

“Currently, plaintiffs choose from threats of legal consequences (enforcement measures, civil penalties, and withholding federal funds) or to ensure compliance with the guidance and avoid such adverse measures. State law needs to be changed. “I read the order.

CNN is asking the Ministry of Education and EEOC to comment on the order.

The Biden administration hinged its guidance in 2020 in the Supreme Court Bostock v Clayton County Judgment Federal Civil Rights Act protects transgender, gay and lesbian workers. The administration has used this ruling to extend its non-discrimination protection to LGBTQ people in the United States in many areas of life. The Ministry of Education guidance issued last year overturned the Trump administration’s position that homosexual and transgender students are not protected by law.

However, Atchley said in his order that the Ministry of Education was ignoring “the limited extent of Bostock.”

Tennessee Attorney General Herbert H. Slateley III said in a statement on Sunday that Atchley “correctly acknowledged that the federal government would put Tennessee and other states in an impossible situation. Legal, including withholding federal funds. Choose from the resulting threats or change state law to comply. ”

Biden proposes to strengthen Title IX protection for transgender students

“I am grateful that the court stopped it, maintained the status quo as the proceedings proceeded, and reminded the federal government that it could not instruct the agency to rewrite the law,” he added. ..

The order has sparked anger from LGBTQ supporters, and one of the country’s largest LGBTQ rights groups calls it “another example of a far-right judge legislating from the bench.”

“This decision does not prevent the school from treating students with gender identity, and this decision is a school obligation under Title IX, or a student or guardian who filed a proceeding in federal court. There is nothing to rule out that ability, “said Joni Madison, Human Rights Officer. The interim president of the campaign said in a statement on Saturday. “HRC will continue to fight these transgender decisions using all the tools in the toolbox.”

The administration is done Working to strengthen some protection The proceedings have been challenged. President Joe Biden last month prevented the Ministry of Education from applying Title IX’s protection against discrimination to sexual orientation and gender identity, preventing anyone from participating in school programs or activities that are consistent with gender identity. Announced to issue new rules to clarify. law.

The proposed changes will face a public comment period before they are finalized.

Source: www.cnn.com

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