A Tennessee federal judge blocks United States President Joe Biden's enforcement of LGBTQ protections at schools and work in 20 states, siding with several attorney generals who oppose the Democrat's executive order.
On Friday, U.S. District Judge Charles Atchley Jr. issued a preliminary injunction that temporarily blocks the U.S. Department of Education and the Equal Employment Opportunity Commission from enforcing the anti-discrimination executive order issued by the Biden administration in January 2021.
Transgender Rights
The judge's ruling comes in a lawsuit filed by Tennessee Attorney General Herbert H. Slatery III and his colleagues in 19 Republican states. This includes Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and West Virginia.
The 2020 Republican appointee to the court said that the court understands that a preliminary injunction is an extraordinary remedy. However, he noted that the case presents extraordinary circumstances, as per Yahoo News.
Biden's executive order came after a June 2020 landmark decision by the U.S. Supreme Court that expanded the legal definition of sex discrimination to include sexual orientation and gender identity in employment situations.
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Citing the high court's decision, the Democrat government directed federal agencies to enact rules that specifically prohibited sex discrimination based on sexual orientation and gender identity. One year after the executive order, the Department of Education and EEOC, in turn, issued "guidance documents" that prohibited such discrimination.
According to the Washington Post, the federal judge's decision also comes amid a wave of measures by conservatives who seek to curtail LGBTQ rights that have alarmed liberal activists as the battle over transgender rights moves to the political scene.
Executive Order for Protections
The two directives, which apply to educational institutions receiving federal funding and most employers, would have extended protections for transgender people who use bathrooms and locker rooms in schools and at work. It also affects those who join sports teams that correspond to their gender identity.
The states that oppose the executive order argued that the directives would have put them at risk of losing significant federal funding because of their existing laws. Judge Atchley argued that the defendants' guidance directly interferes with and threatens the plaintiffs states' ability to continue enforcing their state laws.
Despite the decision, it is unclear what Judge Atchley's next step would be as he noted that further decisions could be made by his court, the U.S. Court of Appeals for the Sixth Circuit, or the Supreme Court.
The decision also comes as many states are debating and passing laws that bar transgender girls from competing in girls' sports. In the United States, 18 states prohibit transgender youth from participating in school sports consistent with their gender identity, said the Movement Advanced Project, a research group that analyzes local and state LGBTQ laws.
The directives were part of the Biden administration's widespread effort to rescind or revise many policies from the time of former United States President Donald Trump that restricted transgender rights across the country, the New York Times reported.
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