States, Constitution vs. Obama Bathroom Directive
Eleven States Sue Obama: Transgender Demands are Unconstitutional
Eleven states—led by Texas—filed a federal lawsuit today, arguing that the Obama administration’s redefining “sex” to include gender identity—and threatening to sue and strip funding from states and schools that refuse to go along—violates both federal law and the U.S. Constitution.
In public letters, agency documents, and a federal lawsuit filed earlier this month, the U.S. Department of Justice (DOJ) and U.S. Department of Education declare that any school that does not allow boys and girls to use whichever bathroom, locker room, and shower facility they claim to “identify” with thereby violates Title IX of the Civil Rights Act of 1964, and can be stripped of all federal funding.
In other words, if a 17-year-old boy says that he now identifies as a girl — and wants to use his high school girls’ shower at the same time that a 15-year-old girl is showering in that same shower room — and the school does not allow the boy to share the shower with the girl, then the federal government can strip that high school of federal funding.
More broadly than that, the Obama administration says that any employer who does not treat an employee as a member of whatever sex the employee claims to identify with — including calling the employee “he” or “she” in accordance with the employee’s gender identity — that employer is engaging in sex discrimination in violation of Title VII of the Civil Rights Act.
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION
STATE OF TEXAS; § HARROLD INDEPENDENT § SCHOOL DISTRICT (TX);
- STATE OF ALABAMA;
- STATE OF WISCONSIN;
- STATE OF WEST VIRGINIA;
- STATE OF TENNESSEE;
- ARIZONA DEPARTMENT § OF EDUCATION; § HEBER-OVERGAARD § UNIFIED SCHOOL DISTRICT (AZ);
- PAUL LEPAGE, GOVERNOR OF § THE STATE OF MAINE;
- STATE OF OKLAHOMA;
- STATE OF LOUISIANA;
- STATE OF UTAH; and
- STATE OF GEORGIA
The plaintiffs also highlight what they regard as liberal hypocrisy on this issue. In paragraph 24, the complaint quotes a 1975 Washington Post editorial from Ruth Bader Ginsburg—who at the time was a law professor at Columbia Law School—where Ginsburg asserted, “Separate places to disrobe, sleep, [and] perform personal bodily functions are permitted, [and] in some cases required, by regard for individual privacy.”