Arkansas AG joins other states in suit against feds over school bathroom directive
by July 8, 2016 1:50 pm 154 views
Arkansas and nine other states filed a lawsuit Friday (July 8) against the U.S. Department of Education, U.S. Department of Justice, and other federal agencies and officials in response to a directive that Arkansas public schools open bathrooms and locker rooms to both sexes.
Arkansas Attorney General Leslie Rutledge joined in the suit representing the state and the Arkansas Department of Human Services Division of Youth Services. In a statement, Rutledge said, “The Obama Administration is using intimidation tactics in an attempt to force local schools to adopt a radical social policy that raises serious safety concerns for school-age children.”
Under state law and federal regulations, schools can maintain separate facilities based upon sex, according to Rutledge’s office. The release said the Obama administration’s directive circumvents established law without a legislative process and supersedes local school district authority.
Other states involved in the lawsuit are Nebraska, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota and Wyoming.
The directive issued May 13 by the U.S. Department of Education and the U.S. Department of Justice said Title IX of the Education Amendments of 1972, which prohibits sex discrimination, applies to transgender students.
“A school’s Title IX obligation to ensure nondiscrimination on the basis of sex requires schools to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns,” the two wrote.
Gov. Asa Hutchinson said at the time that schools do not have to comply with the guidance, and shouldn’t.
“As Governor, I recommend that local school districts disregard the latest attempt at social engineering by the federal government and continue to use common sense to ensure a safe and healthy environment in Arkansas schools,” he said then. “While the letter implies federal money could be withheld, the letter is nothing more than guidance and is not legally binding.”
Regarding restrooms and locker rooms, the directive said, “A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity. A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so. A school may, however, make individual-user options available to all students who voluntarily seek additional privacy.”
The directive said transgender students are not required to have a medical diagnosis or treatment.