[FONT="]But access to gendered spaces is one area where the Obama administration has sought to make a big impact, moving aggressively to make an example of an Illinois school district that failed to fully accommodate a trans girl, and suing North Carolina over its broad prohibitions on transgender peoples’ use of public facilities.
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[FONT="]Those actions inspired cries of government overreach which the plaintiffs in this new lawsuit echoed on Friday.
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[FONT="]“When a federal agency takes such unilateral action … it leaves state and local authorities with no other option than to pursue legal clarity in federal court in order to enforce the rule of law,” said Doug Peterson, the attorney general ofNebraska.
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[FONT="]Leslie Rutledge, the attorney general of Arkansas, which joined the lawsuit, blasted the administration’s rule on Friday as “a radical social policy that raises serious safety concerns for school-age children”, “part of a liberal social agenda” and “a detriment to the very children it intends to help”. An earlier statement by the Kansas board of education said the federal rule “removes the local control needed to effectively address this sensitive issue” and called for giving schools “flexibility”.
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[FONT="]A spokeswoman for the justice department declined on Friday to comment on the lawsuit. In May, in response to the suit brought by 11 states led by Texas, a justice department spokesman said the government “has strong legal foundations to uphold the civil rights of transgender Americans”.
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[FONT="]Advocates for transgender equality argue that restroom and locker room bans carry a severe and negative impact.
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[FONT="]“For transgender students, being in a school that affirms and supports their gender identity is critical to ensuring that they too can experience adolescence in a healthy and constructive manner,” read one brief, by leading medical societies, in support of a Virginia student who sued for the right to use the boys’ bathroom. “Refusing to respect and affirm a transgender student’s gender identity communicates a clear, negative message: there is something wrong with the student that warrants this unequal treatment.”
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[FONT="]The 10 states joining the lawsuit are Arkansas, Kansas, Michigan, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and Wyoming. In March, South Dakota’s Republican governor, Dennis Daugaard, vetoed a measure that would have banned transgender students from using the restroom matching their gender identity.
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[FONT="]At stake is not only the ability of trans students to express their gender identity, but also millions of dollars in federal funding that schools violating the policy stand to lose.[/FONT]