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                                                                                                 U.S. NEWS Monday 18 July 2022





























            U.S. agencies temporarily barred from enforcing LGBTQ guidance



            By MARK GILLISPIE            ma,  South  Carolina,  South   transgender students.
            Associated Press             Dakota,  Tennessee  and      The  attorneys  general  ar-
            A  judge  in  Tennessee  has  West Virginia.              gued that a delaying a le-
            temporarily  barred  two  The  directives  regarding      gal review of the directives
            federal  agencies  from  en-  discrimination  based  on   would  "cause  them  signifi-
            forcing directives issued by  sexual  orientation  was  is-  cant  hardship,  as  Defen-
            President  Joe  Biden's  ad-  sued  by  the  U.S.  Depart-  dants would be allowed to
            ministration  that  extended  ment of Education and the   use the 'fear of future sanc-
            protections for LGBTQ peo-   Equal Employment Oppor-      tions'  to  force  'immediate
            ple  in  schools  and  work-  tunity  Commission  in  June   compliance' with the chal-
            places.  U.S.  District  Judge  following  a  landmark  civil   lenged  guidance,"  Atch-  In  this  Oct.  8,  2019,  photo,  supporters  of  LGBTQ  rights  stage
            Charles Atchley Jr. in an or-  rights  decision  by  U.S.  Su-  ley  wrote.  "The  Court  finds   a  protest  on  the  street  in  front  of  the  U.S.  Supreme  Court  in
            der on Friday ruled for the  preme  Court  in  2020  that,   that  Plaintiffs  have  shown   Washington.
            20  state  attorneys  general  under a provision called Ti-  a  credible  threat  of  en-                                       Associated Press
            who sued last August claim-  tle VII, protects gay, lesbian   forcement," Atchley wrote.  laws."  Atchley  noted  that  position that Title IX prohib-
            ing  the  Biden  administra-  and  transgender  people    "Plaintiffs  highlight  that  pri-  the  U.S.  Department  of  its  the  state  from  exclud-
            tion  directives  infringe  on  from  discrimination  in  the   vate litigants are relying on  Education has filed a state-  ing  transgender  girls  from
            states'  right  to  enact  laws  workplace.               Defendants'  guidance  to  ment  of  interest  in  a  West  participating  in  single-sex
            that, for example, prevent  The Department of Educa-      challenge  Plaintiffs'  state  Virginia  lawsuit  taking  a  sports restricted to girls.q
            students  from  participat-  tion  guidance  from  June
            ing in sports based on their  2021  said  discrimination
            gender  identity  or  requir-  based  on  a  student's  sex-
            ing schools and businesses  ual  orientation  or  gender
            to provide bathrooms and  identity  would  be  treated
            showers to accommodate  as  a  violation  of  Title  IX,
            transgender people.          the  1972  federal  law  that
            Atchley,   appointed    by  protects  sex  discrimination
            President  Donald  Trump  in  in  education.  The  Equal
            2020,  agreed  with  the  at-  Employment  Opportunity
            torneys generals' argument  Commission released guid-
            and  issued  a  temporary  ance  that  month  about
            injunction  that  prevents  what  could  constitute  dis-
            the  agencies  from  apply-  crimination  against  LGBTQ
            ing  that  guidance  on  LG-  people  and  advised  the
            BTQ discrimination until the  public about how to file a
            matter can be resolved by  complaint.  With  its  guid-
            courts."As   demonstrated  ance,  the  Biden  adminis-
            above,  the  harm  alleged  tration in part took a stand
            by Plaintiff States is already  against  laws  and  propos-
            occurring — their sovereign  als  in  a  growing  number
            power to enforce their own  of states that aim to forbid
            legal  code  is  hampered  transgender girls from par-
            by  the  issuance  of  Defen-  ticipating on female sports
            dants'  guidance  and  they  teams. The state attorneys
            face substantial pressure to  general  contend  that  the
            change their state laws as  authority over such policies
            a result," Atchley wrote.    "properly  belongs  to  Con-
            The  attorneys  general  are  gress,  the  States,  and  the
            from Alabama, Alaska, Ari-   people."
            zona,  Arkansas,  Georgia,  The  education  policy  car-
            Idaho,  Indiana,  Kansas,  ried  the  possibility  of  fed-
            Kentucky,  Louisiana,  Mis-  eral   sanctions   against
            sissippi,  Missouri,  Montana,  schools  and  colleges  that
            Nebraska,  Ohio,  Oklaho-    fail  to  protect  gay  and
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