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Judge temporarily blocks Biden’s order allowing transgender people to use bathroom

A federal judge in Tennessee has temporarily barred the Biden administration from enforcing policies that would allow transgender students and workers to use restrooms and locker rooms and play for sports teams consistent with their gender identity.

Judge Charles Atchley Jr. of the Eastern District of Tennessee ruled in favor of 20 Republican attorneys general who sued last August, arguing that federal guidelines would make it impossible for states to enforce their own rules about transgender athletes participating in girls’ sports or access to bathrooms.

Atchley has granted the restraining order until the matter can be resolved in court.

“As shown above, the harm claimed by plaintiff states is already happening – their sovereign authority to enforce their own legal codes is hampered by the issuance of the defendant’s guidance, and they therefore face significant pressure to change their state laws,” said Atchley. an appointee for former President Donald Trump, wrote in the decision released Friday.

Oklahoma Attorney General John O’Connor called Atchley’s ruling a “major victory for women’s sports and for the privacy and safety of girls and women in their school restrooms and locker rooms.”

A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California September 30, 2014.
Federal Judge Charles Atchley Jr. argues that Republican prosecutors are being pressured to “change their state laws” to comply with the Biden administration’s direction.
REUTERS/Lucy Nicholson

The GOP attorneys general alleged in their lawsuit that the Biden administration’s guidelines unreasonably expanded a 2020 Supreme Court ruling that expanded antidiscrimination protections to include transgender workers.

While judges in Bostock v. Clayton County ruled that employers should not fire workers because of their gender identity or sexuality, they did not comment on whether the ruling applied to single-sex bathrooms and locker rooms.

The Department of Education and the Equal Opportunities Commission issued the guidelines last year after the Supreme Court ruled that transgender, gay and lesbian people are protected from discrimination in the workplace under a provision called Title VII.

In its guidance, the Department of Education interpreted the ruling to mean that discrimination based on a student’s sexual orientation or gender identity would violate Title IX, the federal statute of 1972 that prohibits sex discrimination in education

“The Department’s interpretation stems from the landmark decision of the U.S. Supreme Court in Bostock vs. Clayton Countyissued this week a year ago in which the Supreme Court recognized that it is impossible to discriminate against a person on the basis of their sexual orientation or gender identity without discriminating against that person on the basis of their sex,” the department said.

The attorney generals are from Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee and West Virginia.

With mail wires

https://nypost.com/2022/07/17/judge-temporarily-blocks-biden-order-on-transgender-bathroom-use/ Judge temporarily blocks Biden’s order allowing transgender people to use bathroom

JACLYN DIAZ

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