On Monday, a lawsuit was filed on behalf of 20 Republican-led states against the Biden Administration, pointing out that the administration’s wide-reaching demands to force “transgender” students to compete in the wrong sports and use the wrong facilities was based on an overreaching and incorrect interpretation of a prior Supreme Court ruling, The Hill reports.
The group is led by Tennessee Attorney General Herbert Slatery (R-Tenn.), and was filed in the U.S. District Court for the Eastern District of Tennessee. Among the states joining in on the lawsuit are Alabama, Alaska, Arizona, Mississippi, Nebraska, and South Carolina.
The suit claims that Biden’s Department of Education and Equal Employment Opportunity Commission (EEOC) had misinterpreted a 2020 ruling by the Supreme Court on civil rights. In that year’s Bostock v. Clayton County, the court had ruled that part of the 1964 Civil Rights Act which prohibited discrimination on the basis of gender also applied to their sexual preference and sexual identity. At the time, however, the court refused to make a specific ruling on the legality of restrooms and locker rooms that remain separated by gender.
The lawsuit declares that the Biden Administration had “issued ‘interpretations’ of federal antidiscrimination law far beyond what the statutory text, regulatory requirements, judicial precedent, and the Constitution permit.” Slatery further argued that federal agencies “simply do not have that authority” to issue such demands for “transgender” sports and restrooms, since these orders are based on a misinterpretation of judicial precedent.
“These agencies,” Slatery continued, “also have misconstrued the Supreme Court’s Bostock decision by claiming its prohibition of discrimination applies to locker rooms, showers, and bathrooms under Title IX and Title VII, and biological men who identify as women competing in women’s sports, when the Supreme Court specifically said it was not deciding those issues in Bostock.”
In June, Education Secretary Miguel Cardona reaffirmed the Biden Administration’s commitment to forcing the nation to accept “transgender” participation in normal activities and facilities, falsely declaring that “the Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination. And our LGBTQ+ students have the same rights and deserve the same protections.”