Ten More States Sue Federal Government Over Transgender Rules

Jul 11, 2016 by

Jose Lara, Dean of Santee High School in Los Angeles, talks about the transgender issue beside the school's gender neutral restrooms. Schools have new governmental guidance on the issue provided by the Justice and Education Departments.

Jose Lara, Dean of Santee High School in Los Angeles, talks about the transgender issue beside the school’s gender neutral restrooms. Schools have new governmental guidance on the issue provided by the Justice and Education Departments.

Ten More States Sue Federal Government Over Transgender Rules

By Henry W. Burke



We should celebrate that our elected officials are taking action against Obama’s overreach on the transgender rules.  On Friday, July 8, 2016, Nebraska Attorney General Doug Peterson filed an action in Nebraska Federal Court against the federal government.  Nebraska was joined by 9 other states in this lawsuit — Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming.

Earlier (on 5.25.16), Texas sued the Obama Administration over the same issue.  Joining Texas in the filing were 12 other states — Alabama, Arizona, Georgia, Kentucky, Louisiana, Maine, Mississippi, Oklahoma, Tennessee, Utah, West Virginia and Wisconsin. This brings the total to 23 states challenging the Obama Administration over its transgender mandate.  When almost half of the states are taking legal action against Obama’s illegal transgender directive, what does that say?


This is Attorney General Doug Peterson’s 7.8.16 News Release:   



LINCOLN – Today, Nebraska, along with nine states, filed an action in Nebraska federal court challenging the U.S. Department of Education and the U.S. Department of Justice’s recent mandate changing current Title IX law regarding how schools assign students to showers, locker rooms, and restroom facilities. Current state law and federal regulations allow schools to maintain separate facilities based upon sex. The recent action by these two federal agencies to require showers, locker rooms, and bathrooms be open to both sexes based solely on the student’s choice, circumvents this established law by ignoring the appropriate legislative process necessary to change such a law. It also supersedes local school districts’ authority to address student issues on an individualized, professional and private basis. When a federal agency takes such unilateral action in an attempt to change the meaning of established law, it is incumbent upon those who want to maintain the rule of law to pursue legal clarity in federal court in order to enforce the rule of law.

Nebraska was also joined by the following states: Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming.


Excerpts from a New York Times article and my 6.2.16 report are provided below:



10 More States Sue U.S. Over Transgender Policy for Schools



JULY 8, 2016

Ten more states sued the federal government on Friday over a directive to public schools on bathroom use by transgender students, adding their objections to those of 11 states that brought a lawsuit soon after the directive was released in May.

The latest lawsuit, which was filed in federal court in Nebraska, says that federal agencies like the Justice Department and the Education Department overstepped their authority with the directive, which requires schools to allow students to use the bathrooms that match their gender identity.

The government, the lawsuit said, essentially redefined the word “sex” in federal codes to include gender identity and undermined school districts’ authority.

“If you look at the history of Title IX, Congress never interpreted ‘sex’ to be so broadly defined,” Douglas Peterson, Nebraska’s attorney general, said in an interview.

Title IX is a federal law that prohibits discrimination in public education based on sex. The lawsuit was joined by Arkansas, Kansas, Montana, North Dakota, Ohio, South Dakota, South Carolina, Wyoming and Michigan. The Justice Department declined to comment because of the pending litigation.

A May letter from the Obama administration to public school districts said that students must be allowed to use facilities consistent with their gender identity and that schools must “provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents or community members raise objections or concerns.”

The letter does not have the force of law, but it contains an implicit threat that schools that do not comply could face lawsuits or loss of federal aid.

The latest lawsuit was largely similar to the one filed in May by the 11 other states.


I covered this topic in my 6.2.16 report “Do Not Let Obama Bully America’s Schools.”



Key excerpts from this report that address the issues in the Nebraska lawsuit include:


Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin.  Title IX of the Education Amendments added “sex” to the discrimination rules.

When Title IX was passed in 1972, “sex” referred to what it still refers to now; the basic biological reality of being male or female.  Now 44 years after the law was passed, the Obama Administration is threatening the loss of millions of dollars if the schools do not allow the kids unfettered access to the locker room of their choice.

A law from the 1970’s designed to protect girls and women from sexism and sexual harassment is being used to grant boys the right to undress in the girls’ locker room (and vice versa).

On May 17, 2016, Nebraska Attorney General Douglas J. Peterson sent a letter to the Departments of Justice and Education.  Among other things, the Nebraska AG stated:

          In fact, Congress expressly provided in Title IX and its regulations, that schools can continue to have separate restrooms, locker rooms, and showers for men and women.  See, 34 CFR 106.33.  Congress has declined to broaden Title IX to require that schools allow students of one sex access to restrooms, locker rooms, or showers designated for members of the opposite sex.



Attorney Jane Robbins and Emmett McGroarty of the American Principles Project wrote an insightful article on 5.13.16, “Obama’s Latest Power Grab: Forcing Schools to Accept Radical Transgender Ideology.”  They determined:

          The ideologues have no legal basis for this decree. The Constitution doesn’t allow it. Nor does Title IX of the Civil Rights Act (the fragile peg on which they hang this coal of mail), which prohibits discrimination in schools on the basis of “sex” but not “gender identity.” The vast weight of legal authority is clear on this. But Obama assumes (not without reason) that most state and local officials will roll over rather than risk the almighty dollar.


Ryan T. Anderson of The Heritage Foundation added further clarification on the legality of the Obama Administration’s actions in the article “Obama Unilaterally Rewrites Law, Imposes Transgender Policy on Nation’s Schools.”

          In 1972 when Congress passed Title IX of the Education Amendments, no one thought that “sex” meant “gender identity.” It didn’t mean it then, and it doesn’t mean it now. The Obama administration is unlawfully rewriting federal law. The term “sex” is not ambiguous, and is not subject to executive branch agencies redefining to now mean “gender identity.”  

          But, again, the law that Congress passed in 1972 does no such thing. Title IX was intended to protect women and girls from harassment and discrimination, to ensure that they received equal opportunities in education, and now the Obama administration is re-writing it to say schools must allow boys unfettered access to the girls locker rooms.



Henry W. Burke


Print Friendly, PDF & Email

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.