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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