A coalition of 11 states led by Texas is serving as the first line of defense against President Obama’s mandate compelling schools nationwide to permit toilet and locker room access on the basis of gender identity, not biological sex.
The states on Wednesday filed a lawsuit against the administration, challenging the directive as unconstitutional executive overreach and a misinterpretation of federal antidiscrimination law.
The lawsuit says the privacy and safety of children are recklessly put at risk through the mandate, arguing that the decision of how to accommodate transgender students is a matter properly left to the states.
“Defendants have conspired to turn workplace and educational settings across the country into laboratories for a massive social experiment, flouting the democratic process, and running roughshod over commonsense policies protecting children and basic privacy rights,” the lawsuit said.
Texas Attorney General Ken Paxton, who filed the lawsuit in the U.S. District Court for the Northern District of Texas, said legislating through “executive fiat” is par for the course for the Obama administration, accusing the president of “bullying” schools into adopting his ideology.
Mr. Paxton said Title IX, a federal law barring “sex” discrimination in education, has no bearing on whether transgender students can use the restrooms and locker rooms consistent with their gender identity.
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