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States sue Biden admin over intrusive sexual orientation guidelines, Title IX changes

Published in Blog on May 14, 2024 by Jakob Fay

Multiple states are pushing back after the Biden Administration announced controversial workplace harassment guidelines that force sexual orientation and gender identity (SOGI) regulations on businesses under the U.S. Equal Employment Opportunity Commission (EEOC).

According to the new protections, employers must now grant transgender workers “equal access to [the] bathroom, locker room, or shower that corresponds to the employee’s gender identity” under threat of a Title VII civil rights violation. Additionally, the employer must embrace his employees’ preferred pronouns and permit them to dress according to their sexual orientation. Failure to comply would explicitly “constitute sex discrimination.”

In a lawsuit filed by Tennessee Attorney General Jonathan Skrmetti, the states argue that the agency does not possess the authority to enact such regulations nor the power to enforce them.

“In America,” Skrmetti stated in a press release, “the Constitution gives the power to make laws to the people’s elected representatives, not to unaccountable commissioners, and this EEOC guidance is an attack on our constitutional separation of powers. When, as here, a federal agency engages in government over the people instead of government by the people, it undermines the legitimacy of our laws and alienates Americans from our legal system. This end-run around our constitutional institutions misuses federal power to eliminate women’s private spaces and punish the use of biologically-accurate pronouns, all at the expense of Tennessee employers.”

“EEOC’s Enforcement Document is an exemplar of recent federal agency efforts to enshrine sweeping gender-identity mandates without congressional consent,” the lawsuit added. “Because EEOC overreaches to ‘interpret’ federal antidiscrimination law far beyond what the statutory text, the APA, judicial precedent, and the U.S. Constitution permit, the Enforcement Document should be set aside.”

SEE ALSO: Clarence Thomas BLASTS Washington, D.C.

On Tuesday, Kansas Attorney General Kris Kobach announced a similar lawsuit challenging the president’s recent changes to Title IX, the anti-sex discrimination civil rights law, implementing transgender protections for students.

“Our civil complaint is more than 75 pages long, and it goes into all of the legal violations of this new regulation, explaining why it’s unlawful,” declared Kobach in a press conference less than one hour after filing the lawsuit. “And those are just the legal problems with this regulation. I think what more people are probably interested in are the actual practical problems and the consequences it has on people all across the state of Kansas.”

Each of these legal battles represents, first and foremost, the federal government’s blatant disregard for the checks and balances on its power. More positively, however, they indicate that the states are standing up, pushing back against flagrant government overreach.

Unfortunately, this whac-a-mole method will prove tedious, time-consuming, and ineffective. With an Article V convention, the states can deliver a single devastating blow to the federal bureaucracy, returning decision-making power to the people once and for all.

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