According to agency guidelines, transgender students and workers are covered by Title IX, which prohibits sex discrimination in federally funded schools, and Title VII, which prohibits discrimination in employment based on race. , color, religion, sex and national origin. The guidelines were designed to protect trans people from a host of anti-trans policies, including bans on school sports teams, gender-conforming washrooms and locker rooms, and measures allowing employers to opt out. intentionally to use a worker’s preferred pronouns. .
“As things stand, plaintiffs must choose between the threat of legal consequences — enforcement action, civil penalties, and withholding federal funding — or changing their state laws to ensure compliance with the guidelines and avoid such nefarious actions,” the read command said.
CNN has reached out to the Department of Education and the EEOC for comment on the order.
But Atchley said in his order that the Department for Education was unaware of “Bostock’s limited reach”.
Tennessee Attorney General Herbert H. Slatery III applauded the order in a statement Sunday, saying Atchley “rightly recognized that the federal government had put Tennessee and other states in an impossible situation: choose between the threat of legal consequences, including withholding federal funding, or changing our state laws to comply.”
“We are grateful that the court has called a halt to it, maintained the status quo as the trial progresses, and reminded the federal government that it cannot order its agencies to rewrite the law,” he said. he added.
The order sparked outrage among LGBTQ advocates, with one of the nation’s largest LGBTQ rights groups calling it “yet another example of far-right judges legislating from the bench.”
“Nothing in this ruling can prevent schools from treating students in accordance with their gender identity. And nothing in this ruling eliminates schools’ obligations under Title IX or the ability of students or parents to sue. in federal court,” Joni Madison, the Human Rights campaign’s acting chairman, said in a statement Saturday. “The HRC will continue to fight against these anti-transgender decisions with every tool in our toolbox.”
The proposed changes are subject to a public comment period before being finalized.