Tuesday, September 28

Ohio joins 19 states in suing Biden to block LGBTQ+ work and school protections

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Ohio has joined 19 other states on Monday in filing suit against President Biden’s administration to block the extension of sex discrimination protections to the LGBTQ+ community.

Led by Tennessee Attorney General Herbert Slatery, the 20 states argue that the U.S. Department of Education and the Equal Employment Opportunity Commission are misinterpreting the landmark June 2020  Bostock Supreme Court decision by asserting that Title VII protects LGBTQ+ people from discrimination in employment and education.

In June, the Equal Employment Opportunity Commission published guidance about what could constitute discrimination against LGBTQ+ people alongside instructions in how to file a complaint.

Additionally in June, the Department of Education said there is “no persuasive or well-founded basis” to treat education differently than employment, which created the possibility of federal sanctions against schools that prevent LGBTQ+ equality such as bathroom access or opportunities for transgender students to participate in sports.

The attorneys general for the 20 states denounced the ability to provide such protections, and asked for a declaration about the Biden administration’s guidance including:

  • That schools and employers be allowed to provide showers, locker rooms, bathrooms and other living facilities separated by “biological sex”
  • That employers, school employees or students not be required to use a transgender person’s “preferred pronouns”
  • That school sports teams be allowed to be separated by “biological sex”
  • That workplaces be allowed to enforce dress codes based on “biological sex”

“The guidance purports to resolve highly controversial and localized issues such as whether employers and schools may maintain sex-separated showers and locker rooms, whether schools must allow biological males to compete on female athletic teams, and whether individuals may be compelled to use another person’s preferred pronouns,” the lawsuit states. “But the agencies have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.”

Joining Ohio and Tennessee in the lawsuit are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota and West Virginia.

With the Ohio Fairness Act currently in committee, Ohio currently does not offer LGBTQ+ protections in housing, employment, and public accommodations, and with the Equality Act seemingly stalled out, nor are these protections provided federally. 🔥

Ignite Action:

  • Contact your Ohio State Representatives to make your voice heard about the Ohio Fairness Act. You can go here and enter in your info to find out “Who represents me?” 
  • Dial 472472 to be connected to your U.S. Senator to make your voice heard about the Equality Act.

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The Buckeye Flame amplifies the voices of LGBTQ+ Ohioans to support community and civic empowerment through the creation of engaging content that chronicles our triumphs, struggles, and lived experiences.

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  1. Pingback: "Saddened beyond measure" - Sen. Antonio denounces Ohio AG's anti-LGBTQ+ lawsuit - The Buckeye Flame

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