More states sue Obama administration over transgender bathroom policy

Ten states sue federal government over transgender bathroom law


July 8 (Reuters) - Ten states including Michigan, Ohio and Kansas sued the Obama administration on Friday, saying the federal government does not have the power to tell states that transgender people must be allowed to use public bathrooms that conform with their gender identity.

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The lawsuit filed in federal court in Lincoln, Nebraska, took issue with a May 13 letter sent by the U.S. Department of Justice and U.S. Department of Education to states. The letter warned that states could lose federal funding if they required transgender people to use bathrooms corresponding to their biological sex. The states argued that this was an attempt to rewrite federal civil rights laws that do not apply to transgender people.

See images related to the controversial policy:

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Protests against North Carolina transgender bathroom law
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Protests against North Carolina transgender bathroom law
ASHEVILLE, NC - JUNE 21: A display inside Malaprop's Bookstore/Cafe in Asheville, North Carolina features books by authors who support the repeal of HB2 on June 21, 2016. Malaprop's has had authors cancel and a decline in sales due to North Carolina's HB2 legislation, commonly known as the bathroom bill, and the resulting boycott of the state by authors, athletes and tourists. (Photo by Jacob Biba for The Washington Post via Getty Images)
ASHEVILLE, NC - JUNE 21: A sign next to the men's bathroom inside Malaprop's Bookstore/Cafe in Asheville, North Carolina denounces North Carolina's HB2 legislation on June 21, 2016. Malaprop's has had authors cancel and a decline in sales due to North Carolina's HB2 legislation, commonly known as the bathroom bill, and the resulting boycott of the state by authors, athletes and tourists. (Photo by Jacob Biba for The Washington Post via Getty Images)
ASHEVILLE, NC - JUNE 21: A bulletin board inside Malaprop's Bookstore/Cafe in Asheville, North Carolina features upcoming author visits and events scheduled for the bookstore on June 21, 2016. Malaprop's has had authors cancel and a decline in sales due to North Carolina's HB2 legislation, commonly known as the bathroom bill, and the resulting boycott of the state by authors, athletes and tourists. (Photo by Jacob Biba for The Washington Post via Getty Images)
UNITED STATES - MAY 16 - Protestors gather across the street from the North Carolina state legislative building as they voice their concerns over House Bill 2, in Raleigh, N.C., Monday, May 16, 2016. House Bill 2, also known as the Bathroom Bill, which requires transgender people to use the public restroom matching the sex on their birth certificate, has received the attention of national media and the White House. (Photo By Al Drago/CQ Roll Call)
UNITED STATES - MAY 16 - Protestors gather across the street from the North Carolina state legislative building as they voice their concerns over House Bill 2, in Raleigh, N.C., Monday, May 16, 2016. House Bill 2, also known as the Bathroom Bill, which requires transgender people to use the public restroom matching the sex on their birth certificate, has received the attention of national media and the White House. (Photo By Al Drago/CQ Roll Call)
DURHAM, NC - MAY 10: The 'We Are Not This' slogan is posted at the entrances to Bull McCabes Irish Pub on May 10, 2016 in Durham, North Carolina. Debate over transgender bathroom access spreads nationwide as the U.S. Department of Justice countersues North Carolina Governor Pat McCrory from enforcing the provisions of House Bill 2 (HB2) that dictate what bathrooms transgender individuals can use. (Photo by Sara D. Davis/Getty Images)
Elaine Martin, right, listens as Chris Sgro, executive director of Equality NC, speaks during a press conference to announce filing of federal lawsuit challenging North Carolina's HB 2 law at the LGBT Center of Raleigh on Monday, March 28, 2016. Several different advocacy groups and some of the lead plaintiffs spoke at the event. (Chris Seward/Raleigh News & Observer/TNS via Getty Images)
Joaquin Carcano, center, the lead plaintiff in the case, speaks during a press conference to announce filing of federal lawsuit challenging North Carolina's HB 2 law at the LGBT Center of Raleigh on Monday, March 28, 2016. Several different advocacy groups and some of the lead plaintiffs spoke at the event. Joaquin was born a woman and is now a man. Simone Bell with Lambda Law is at left; Chris Brook with the ACLU is at right. (Chris Seward/Raleigh News & Observer/TNS via Getty Images)
TO GO AFP STORY BY BRIGITTE DUSSEAU - Transgender delegates Jamie Shier (L) and Janice Covington pose for photographs at the Convention Center in Charlotte, North Carolina, on September 4, 2012. The Democratic National Convention Committee announced Wednesday that US President Barack Obama would move his acceptance speech from the outdoor Bank of America Stadium to the indoor Time Warner Cable Arena due to predictions of thunderstorms. AFP PHOTO / Mladen ANTONOV (Photo credit should read BRIGITTE DUSSEAU/AFP/GettyImages)
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Thirteen other states have brought a similar challenge in federal court in Texas.

Friday's lawsuit was filed by the attorneys general of the states, which also include Nebraska, Arkansas, Montana, North Dakota, South Carolina, South Dakota and Wyoming.

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"When a federal agency takes such unilateral action in an attempt to change the meaning of established law, it leaves state and local authorities with no other option than to pursue legal clarity in federal court," Nebraska Attorney General Doug Peterson, a Republican, said in a statement.

The Obama administration's letter said transgender people are protected by prohibitions on sex discrimination in Title VII of the Civil Rights Act of 1964, which applies to employment, and Title IX of the Education Amendments of 1972, which applies to federally funded schools. States collectively receive billions of dollars in federal education funding each year that can be taken away as a penalty for violating Title IX.

The case is Nebraska v. United States of America, U.S. District Court for the District of Nebraska, No. 4:16-cv-03117.

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