On Monday, Attorney General Todd Rokita filed a multistate lawsuit against the Biden administration to stop the enforcement of new, expansive and unlawful interpretations of federal antidiscrimination laws.
Federal guidance issued by the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Education purports to resolve highly controversial and localized issues — such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns.
“Hoosier parents rightly expect their children’s schools to follow commonsense rules that reflect their values, such as maintaining separate bathrooms for boys and girls,” Attorney General Rokita said. “Using the weight and perceived threat of federal agencies, the Biden administration has sought to circumvent the law and impose a radical leftist ideology on American families nationwide. We can’t let that happen.”
The extremist positions advocated by the Biden administration also pose an existential threat to women’s sports, Attorney General Rokita added.
“Forcing girls to compete against biological males for spots on women’s sports teams robs them of opportunities to participate in athletics,” he said. “Not only that, but forcing girls to play against biological males endangers their very health and safety. What could be more disrespectful toward women than these kinds of policies?”
The federal agencies claim that the guidance simply implements the Supreme Court’s decision in Bostock v. Clayton County, but that decision did not address any of the issues covered by the guidance. The agencies have no authority to unilaterally resolve these sensitive questions, let alone to do so without providing the public with notice and an opportunity to comment.
The lawsuit against the Biden administration is led by Tennessee and joined by 19 other states.
“This case is about two federal agencies changing law, which is Congress’ exclusive prerogative,” said Tennessee Attorney General Herbert H. Slatery III. “The agencies simply do not have that authority. But that has not stopped them from trying. Even their attempts, as unlawful as they are, did not follow the Administrative Procedures Act.”
The multistate coalition asks the court to declare the EEOC and Department of Education guidance invalid and unlawful and to prohibit their enforcement.