AUSTIN - More than a dozen states, including Texas, have requested a preliminary injunction
against several U.S. agencies including the Department of Education, Department
of Justice and Department of Labor regarding transgender students in school.
The coalition, which
also includes the Alabama, Wisconsin, West Virginia, Tennessee, Oklahoma, Louisiana, Utah and
Mississippi as well as the Arizona Department of Education, requests the court to issue a
nationwide injunction against the defendants, “preventing the enforcement of
their revisions of Titles VII and IX, which are articulated in the numerous
pieces of ‘regulatory dark matter’ identified herein.”
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The documents filed
indicate the plaintiffs have been concerned with how the defendants were trying
to “enforce their new rules as the law of the land” by disregarding the “checks
and balances provided by the other branches of government."
In their argument the
states allege the defendants have been working toward reform in schools
“We now see that for
years the defendants have quietly been in enforcement mode at a micro level, sowing
the seeds for macro results," the argument states. "They have inspected schools literally down to the
locker room curtains, interviewed school officials, and coerced settlements by
threatening to withdraw federal funding.”
The states also argue
that it is the physical attributes that determine a person’s sex when it comes
to sex-segregated facilities.
“For no matter how any
person may identify themselves, they nonetheless possess the physical
attributes covered by both the language of Congress and the implementing
regulations,” the states said.
They also argue that
Title IX, which was cited by the defendants as not being sufficient enough to
protect transgender students, was put into place by Congress to ensure both men
and women had the same opportunities.
The states referenced United States v. Virginia 518 U.S. 515 550 n.19 (1996) when the Supreme Court
ordered educational facilities must “afford members of each sex privacy from
the other sex.”
They also accuse the
government of overriding individuals’ need for physical privacy.