Another 10 states have filed suit against the Obama administration’s attempt to force school districts to allow transgender students to use the bathroom or shower facilities based on ‘gender identity’ instead of biology.
The new suit is State of Nebraska v. United States of America. The states involved are Arkansas, Kansas Michigan, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and Wyoming.
“The Obama administration cannot unilaterally redefine federal law to serve its own political ends and lawlessly impose its will on local schools. Twenty-three states have now filed suit to stop this overreach, designed to force students to shower and undress in the same locker rooms and to share rooms on overnight trips with students of the opposite sex—something they shouldn’t ever be forced to do. The administration has exceeded its authority in threatening schools that choose to protect children’s privacy. Nebraska Attorney General Doug Peterson and the growing number of states across the country who joined him in this lawsuit are to be commended for exercising common sense and defending the privacy and safety of children.”
– Alliance Defending Freedom Legal Counsel Kellie Fiedorek
The prior suit was filed at the end of May by 13 states and is headed up by Texas Attorney General Ken Paxton. View the complaint.
The plaintiffs in suit include Texas, the Harrold Independent School District (Texas), Alabama, Wisconsin, West Virginia,Tennessee, the Arizona Department of Education, the Haber-Overgaard Unified School District (AZ), Paul LePage, in his official capacity as Governor of Maine, Oklahoma, Louisiana, Utah, and Georgia.
At a recent event hosted by the Heritage Foundation, Paxton gave some remarks and was joined by Kyle Duncan of Schaerr Duncan LLP, which is the firm leading the North Carolina suit defending House Bill 2.
CNS news reported on Paxton’s remarks:
“How you feel about your gender does not change your sex at birth, and how the president feels about his authority to write laws cannot change the fact that the Constitution grants that power to Congress,” Paxton said.
“There are hosts of reasons why letting 14-year-old boys into girls’ locker rooms is a bad idea,” Paxton pointed out.
In related legal news, the U.S. Department of Justice seems anxious to knock out the suit related to House Bill 2 which brought by Governor McCrory against them.
DOJ Desperate to Knock Out NC Governor’s Lawsuit
Over the last week, the Department of Justice has made two separate legal filings over North Carolina’s HB2. The rapid fire filings nearly overlap, raising the question of what is their big hurry?
Associated Press via WBTV:
Federal lawyers asked a judge Tuesday to dismiss Gov. Pat McCrory’s lawsuit defending the law. Four other lawsuits, including a challenge by the Justice Department, are being heard by a judge in another federal court.
The federal government argues that McCrory’s lawyers “rushed to the courthouse” because they knew the Justice Department planned to sue the state. They say McCrory raises the same issues in litigation in the other court.
One might have to ask a lawyer about the argument being employed by the DOJ, which seems akin to a child being upset they were beat in a fair foot race.
A hearing has been set for August 1st at 10 a.m. in Winston-Salem by U.S. District Judge Thomas Schroeder, who will hear arguments on whether or not to block provisions of HB 2 while another lawsuit filed by six North Carolinia citizens is still pending in federal court.
Schroeder also indicated that there might be a consolidation of lawsuits at some point.
- Gov. McCrory’s Complaint Against DOJ
- Berger/Moore Complaint Against DOJ
- DOJ Lawsuit Complaint North Carolina
- DOJ Motion to Dismiss
- DOJ Memorandum for Motion to Dismiss
Other Related Case Documents:
- Students and Parents for Privacy v. United States Department of Education
- North Carolinians for Privacy v. United States Department of Justice
- Board of Education of the Highland Local School District v. United States Department of Education