State Attorney General Files Major Lawsuit Against Biden Administration Policy

State Attorney General Files Major Lawsuit Against Biden Administration Policy

Texas Attorney General Ken Paxton has launched a major lawsuit against the Biden Administration, challenging its policy that includes gender identity in federal anti-discrimination protections.

At a Glance

  • Texas AG Ken Paxton sues Biden Administration over EEOC guidance on gender identity
  • Lawsuit claims federal overreach and violation of Administrative Procedure Act
  • EEOC guidance would require employers to implement “transgender” mandates
  • Heritage Foundation joins as co-plaintiff in the legal challenge
  • Similar lawsuits filed by other states against Biden Administration’s Title IX interpretations

Texas AG Challenges EEOC Guidance

Texas Attorney General Ken Paxton has filed a lawsuit against the Equal Employment Opportunity Commission (EEOC), U.S. Attorney General Merrick Garland, and other Biden Administration officials. The legal action aims to halt an EEOC enforcement guidance that would require employers to implement what Paxton calls “transgender” mandates.

The EEOC issued the guidance on April 29, 2024, by a split vote, broadening the definition of “discrimination” under Title VII of the Civil Rights Act of 1964 to include gender identity. Under this new guidance, employers would be required to use preferred pronouns, allow biological males into women’s facilities, and abolish sex-specific dress codes.

Legal Arguments and Co-Plaintiffs

Paxton argues that the EEOC has exceeded its statutory authority and violated the Administrative Procedure Act. The Heritage Foundation has joined as a co-plaintiff in the lawsuit, claiming the guidance is an undemocratic and illegal overreach by the Biden Administration.

“The Biden-Harris Administration is attempting yet again to rewrite federal law through undemocratic and illegal agency action. This time, they are unlawfully weaponizing the Equal Employment Opportunity Commission in an attempt to force private businesses and States to implement ‘transgender’ mandates—and Texas is suing to stop them,” said Attorney General Paxton.

The Heritage Foundation’s General Counsel, Dan Mauler, criticizes the guidance for exceeding congressional authority, violating the First Amendment, and placing women at risk.

Broader Context and Similar Lawsuits

This lawsuit is not an isolated incident. Texas and other states have been actively challenging the Biden Administration’s interpretations of anti-discrimination laws, particularly regarding Title IX. In June 2023, Paxton sued the Department of Education (DOE) over guidance extending Title IX to include “sexual orientation” and “gender identity,” which would have required Texas schools to allow biological males in women’s restrooms and locker rooms.

In June 2024, a federal district court ruled the Biden Administration’s interpretation of Title IX as unlawful and vacated the rule. The judge expanded the ruling to prevent any future DOE actions that rewrite Title IX to include “sexual orientation or gender identity.”

National Impact and Legal Challenges

The legal battle extends beyond Texas. A judge has temporarily blocked the Biden administration’s regulation that would include “gender identity” under Title IX’s prohibition on sex discrimination, affecting schools and colleges in Kansas, Alaska, Utah, and Wyoming. The U.S. Department of Education had already been blocked from enforcing the regulation in 10 other states due to separate rulings.

Republican attorneys general in 12 other states have filed lawsuits to block the regulation, arguing it would force schools to allow biological men who identify as women to access female-only spaces and activities. These legal challenges highlight the ongoing debate over the balance between federal authority and state rights, particularly concerning the definition and application of anti-discrimination laws.

As this legal battle unfolds, it will likely have significant implications for the enforcement of federal anti-discrimination laws and the ongoing national conversation about gender identity and civil rights protections.

Sources

  1. Attor­ney Gen­er­al Ken Pax­ton Sues Biden Admin­is­tra­tion Over Rule Forc­ing Pri­vate Busi­ness­es and States to Imple­ment ​“Trans­gen­der” Policies
  2. Attor­ney Gen­er­al Ken Pax­ton Secures Expand­ed Injunc­tion Against Biden’s Harm­ful Title IX Rewrite, Ensur­ing Addi­tion­al Pro­tec­tions for Texas Women
  3. Attor­ney Gen­er­al Ken Pax­ton Sues Biden Admin­is­tra­tion for Unlaw­ful­ly Using Title IX to Man­date Rad­i­cal Gen­der Ide­ol­o­gy, Vio­lat­ing Con­sti­tu­tion and Putting Women At Risk
  4. Judge Blocks Biden Administration’s Inclusion of ‘Gender Identity’ in Title IX Regulations
  5. Sexual Orientation and Gender Identity (SOGI) Discrimination

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