States under GOP leadership push back against federal rule protecting transgender students’ rights

A group of Republican state attorneys general are challenging a federal regulation that aims to protect the rights of transgender students in schools by prohibiting blanket policies that restrict transgender students from using bathrooms that correspond with their gender identity, among other provisions.

The officials argue that the new policies could harm women and girls, infringe on free speech rights, and create burdens for states with laws that conflict with the new regulations.

Louisiana Attorney General Liz Murrill stated, “This is federal government overreach, but it’s of a degree and dimension like no other.”

Multiple lawsuits have been filed by state attorneys general in Louisiana, Idaho, Mississippi, and Montana to challenge the regulations, seeking to delay their implementation date of August 1st.

The states argue that the new regulations could invalidate existing state laws and impact ongoing legislative considerations, particularly in Louisiana, affecting all schools receiving federal funding.

The rule prohibits single-sex facilities, mandates the use of preferred pronouns for students’ gender identity, and poses challenges for female sports, the states claim.

The regulations oppose broad policies allowing transgender individuals to use facilities according to their gender identity, currently adopted in at least 11 states.

While the regulations do not directly address sports participation, they could impact related laws, with multiple states having implemented legislation to maintain gender-specific sports competitions.

President Biden’s administration had initially considered prohibiting schools from banning transgender girls from sports, but this was not included in the final regulation.

The rules seem to restrict complete bans on such sports laws, facing criticism and support from both sides of the issue.

The regulations are also unclear on laws protecting students and teachers from discipline for misgendering transgender individuals, creating confusion in at least four states.

Several states, including Texas, have advised school districts not to change their policies regarding sex discrimination in response to the new regulations.

It is not surprising that conservative states are challenging the law, given the ongoing political debate over transgender rights in recent years.

Attorneys general frequently challenge federal actions, particularly those from opposing parties, reflecting the contentious nature of the issue in a presidential election year.