A federal Judge in Tennessee on Friday slammed the door, at least temporarily, on the Biden administration’s directive to open school bathrooms to match “gender identity.”
Judge Charles Atchley, Jr. struck a major blow for common sense with his ruling. He decided the president’s action prevents states from enforcing their own laws covering biological males competing in girls’ sports and having access to girls’ bathrooms.
The directive meant that states out of compliance stood to lose federal funding, and 20 Republican attorneys general filed suit.
The choice imposed on them was between protecting female students’ privacy in the bathroom — and shower — from biological males and having funds necessary to function.
The states considered the withholding of funds a “credible threat” and Judge Atchley agreed.
It’s not only students in schools affected by the Education Department’s Title IX order. The mandate also opened faculty and staff restrooms to match gender identity along with allowing biological males who identify as female to participate in girls’ sports.
Former Tennessee Associate Solicitor General Sarah Campbell argued on behalf of the 20 states which filed suit. She charged in November that the Biden administration guidance “rewrote” the federal laws the agency is only empowered to enforce.
That “guidance” was issued by the Department of Education in June 2021. It came on the heels of the Supreme Court decision the previous year that protects gay, lesbian, and transgender people from workplace discrimination.
The administration then declared that discrimination based on a student’s gender identity of sexual orientation is in violation of Title IX.
This is the federal law enacted in 1972 prohibiting sex discrimination in education. Among other things, it is widely credited with bringing parity in athletic opportunities between boys and girls sports.
Now, however, the very same athletes who have thrived under its protections are threatened by the woke expansion of its meaning. From bathrooms and showers to sporting competitions, allowing biological males to have privileges of actual females will decimate women’s athletics.
Not to mention create uncomfortable and even dangerous situations in the place where privacy is prized most — the restroom.