Republican State Attorney General Ashley Moody has enlisted Florida in multi-state litigation challenging new Biden administration regulations protecting transgender people from discrimination in schools, colleges, and universities.
The new regulations also would expand protections for students against sexual harassment and violence, but the transgender language would run directly counter to Florida laws restricting access to bathrooms, changing rooms and from participating in sports teams that conform to a student’s gender identity as opposed to “biological sex.”
“The idea that young girls can now legally be forced to undress in the same room with males in what is supposed to be a safe space like a locker room, that a young woman could be randomly assigned a roommate that is a biological male with little to no say over the matter, or that biological men would be eligible for women’s scholarships is ludicrous,” Moody said Monday in a written statement.
“To ensure safety and fairness, Florida will aggressively fight Biden who refuses to think through the real-world consequences before overhauling regulations,” Moody said.
Florida, Alabama, Georgia, and South Carolina filed the lawsuit in U.S. District Court in Tuscaloosa, Alabama, along with the organizations Independent Women’s Law Center, Independent Women’s Network, and Parents Defending Education, which describe themselves as parents’ rights organizations, and Speech First, which opposes campus speech codes.
The action names U.S. Secretary of Education Miguel Cardona and the U.S. Department of Education. It seeks a court order invalidating and blocking the new regulations, which are set to take effect on August 1.
Louisiana, joined by Mississippi, Montana, and Idaho, filed a similar lawsuit in federal court in Monroe, Louisiana. Texas filed its own lawsuit in federal court in Amarillo, Texas, a docket known to be favorable to right-wing causes.
Florida Education Commissioner Manny Diaz Jr. had issued an April 24 letter warning education officials to ignore the new federal regulations, saying they are not binding here. “At Gov. Ron DeSantis’ direction, no educational institution should begin implementing any changes,” Diaz wrote.
A number of Florida laws run directly counter to the regulations, including a measure that allows teachers and administrators to refuse to use the preferred names and pronouns of their transgender students and colleagues. Additional laws forbid them from using bathrooms and competing on sports teams that align with their gender identity, and forbid school officials from withholding from their parents if students come out to them.
“Instead of implementing Congress’s clear directive to prevent discrimination based on biological sex, the Biden administration maims the statute beyond recognition in an attempt to gaslight the country into believing that biological sex no longer has any meaning. In doing so, it seeks to commander Florida’s educational institutions and force them to violate various federal and state laws, including the First Amendment and Florida’s Parental Rights in Education Act, as well as statutes to protect students’ privacy in bathrooms and locker rooms,” Diaz added in the letter.
Title IX to the of the Education Amendments of 1972 says, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
It governs an expansive swath of education policy, including access to facilities and programs including sports and how schools, colleges, and universities should handle internal complaints of sexual harassment and violence by students.
The U.S. Department of Education estimates that it will send Florida more than $10 billion during 2024 for programs including Pell grants, adult literacy, special education, and student loans.
“At the time of enactment, no one doubted that the law’s use of ‘sex’ referred to biological sex. And all relevant indicators confirmed what everyone understood: ‘sex,’ as used in Title IX, means biological sex and does not include “gender identity” or sexual orientation,” the brief that Florida joined asserts.
The brief refers to “immutable, biological differences between males and females.”
Florida, Alabama, and Georgia comprise the Eleventh Circuit’s jurisdiction, meaning they are bound by that ruling.
“[T]he department merely says that it ‘does not agree’ with [that case] and other courts coming to the same conclusion. But its disagreement cannot displace binding precedent’s authoritative interpretation of Title IX or the still-in-effect implementing regulations,” the brief says.
The brief also complains that the new regulation would define schools’ failure to force employees and students to observe students’ preferred pronouns as illegal harassment.
Although the states’ primary objections center on transgender rights, they also complain that the rule would unwind protections imposed by the Trump administration for people accused in campus investigations of sexual harassment and violence, including the right to a hearing, legal representation, and cross-examination of witnesses. The new rule also allows a single school official to investigate and impose sanctions for misconduct.
The brief notes that the ACLU has expressed qualms about some of those changes, including that it does “not require universities to provide a live hearing and an opportunity for cross-examination where serious sanctions, such as suspension or expulsion, may apply,” as the organization said in a written statement. However, the statement was broadly supportive of the new rules.
‘Arbitrary and capricious’
The complaint alleges the rule “asserts power that exceeds the agency’s lawful authority, and rests on reasoning (or a lack thereof) that is arbitrary and capricious,” in violation of the federal Administrative Procedures Act in these areas:
- Defining “sex” to include gender identity and sexual orientation.
- Defining “sex-based harassment” too broadly. For example, “The rule applies to speech uttered at all points in a student’s life, even when at home. But the government’s ability to punish speech made off school grounds is limited — even in the K-12 context and especially when it comes to ‘political or religious speech.’”
- Requiring colleges to scrap existing procedures to adjudicate sexual harassment and misconduct, including the right of an accused to counsel and to confront witnesses. “Courts have cautioned against the legality of proceedings where one person serves as the investigator, factfinder, and ultimate decisionmaker,” it says.
‘Tragic”
LPAC, an organization that supports LGBTQ people running for office, issued a written statement from executive director Janelle Perez in response to the lawsuit.
“It’s tragic to watch state leaders in conservative strongholds actively choose exclusion and discrimination over protecting all of our nation’s children. Clearly, when governors like Ron DeSantis preach about their commitment to protecting children, they conveniently ignore the rights of trans and nonbinary students — a stance that reeks of hypocrisy and is downright disgraceful,” Perez said.
“These actions, in a misguided effort to pander to extremist factions like Moms for Liberty, serve as a glaring reminder of the culture wars being fought on the backs of our children’s futures. It’s an utter travesty that these officials are pouring their energy into stripping away fair and equal protections under the law for some of our most vulnerable students to appease fringe groups pushing their hate-filled agendas that do nothing but demagogue and divide. Our children deserve better than to be pawns in these destructive political games,” Perez added.
Eleventh Circuit ruling
The document cites a ruling by the U.S. Court of Appeals for the Eleventh Circuit in December 2022 rejecting a Florida transgender boy’s attempt to use public school bathrooms matching his gender identity. The full court overruled a three-judge panel that would have allowed him to use those facilities.
Florida laws
Gov. Ron DeSantis praised the lawsuit on his X feed on Tuesday.
“Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth. We will not comply, and we will fight back against Biden’s harmful agenda,” the governor wrote.
–Michael Moline, Florida Phoenix
Pogo says
@One more on the list…
…of things that don’t matter if Trump, or any Republican, is elected president.
It really is that goddamn simple.
Laurel says
Pogo: Yes, it really is.
ROCCO PAFFUMI says
I’m all for “Transgender rights”, but not at the expense of “Women’s Rights”. This bill only focuses on Transgender Women, not Transgender Males. Transgender Males can compete in any division they like. Transgender Athletes seem to be the latest “Pawn” in the battle between Democrats and Republicans. These are people, not a means for “Votes” and “Smearing” opposing political parties. So called “Mens Sports” bring in Billions of Dollars, which is more than enough money to fund “Transgender Sports Divisions” in College. So, let’s stop trampling on “Women’s Divisions” and let’s put our “Money Where Our Mouths Are”. The Creation of a new Sports Division-Transgender Athletes! This would be “Olympic Gold for us” We have the best Trans Athletes in the world!
MeToo! says
Agree 100%!
Deborah Coffey says
Haters gotta hate and Fascists have to control. We’ve become a truly hateful country and the world is watching.
BMW says
Yep, think that every time I read one of your comments. I trained twelve years to obtain an athletic scholarship at a Historical Black College to be the first person in my family to receive a higher education degree. There were multiple under-served female athletes at our HBC competing to break low socioeconomic family cycles. Being white, I wasn’t able to join the campus sorority or various clubs. Didn’t consider myself a victim, understood the history of the school and importance of the culture to my fellow teammates and student friends. Received multiple degrees, had a successful work career and are about to celebrate my son’s medical school graduation. You may not understand the importance of fair play, the time and dedication to succeed in sports or the need to protect the forward progress of poor, black and brown females via athletic scholarships – but, I do and will continue to defend fair play in women’s athletics even if folks like you brush those of us who understand how detrimental the consequences of allowing male bodies to compete in female sports is and will be. The Kennedy women who fought so hard to secure the forward progress of females under Title IX may not be so happy to see how they would be labeled hating ‘Fascist’ by political hacks like yourself. The right thing to do is to create leagues for fair play for all to compete and not stifle opportunities to change family trajectories like mine.
Deborah Coffey says
You’ve chosen to focus only on the sports aspect of the new regulation which has not even been decided yet. And, surprise…I’m in agreement with you when it comes to sports. Here’s why: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9331831/
However, as for the new regulations already in place, I do believe they are needed. Americans (the Fascist fake Christian White Nationalists) need to stop hating and learn to protect those who are most vulnerable. You want fairness in sports; I want fairness in life.
https://apnews.com/article/title-ix-transgender-bathroom-bans-645b5564ce227a9efe2c05f883609ae8
BMW says
Your ability to generalize is vulgar and unproductive.
Deborah Coffey says
And, what of your ability to make it “all about YOU?”
JW says
Spot on!
I just got a new book by Elizabeth Neumann: Kingdom of Rage; The Rise of Christian Extremism and the Path Back to Peace. The comments on the cover look promising.
Unfortunately, few people are reading these days and educate themselves!
Michael J Cocchiola says
It’s surely a hateful Floriduh and a hateful Republican Party. They haven’t got the entire country yet, but unless we stop them in November they will spread their hate, their racism, their bigotry and their xenophobia from shore to shore.
Nephew Of Uncle Sam says
Another RonDUH lawsuit played by his pawn Ashley paid for by the Florida Taxpayers (you and me) for the benefit of his posturing for the cameras.
Ban the GOP says
Lets remove the rights and protections for repulicons then maybe they could learn to have a better understanding of their hateful rules. We can teach them the benefits of slavery lol.
Ed P says
No easy solution or at least a solution that will be viewed equitable for both transgenders and everyone else. A few thoughts.
What did we do about bathroom accommodations prior? Bathrooms all have stalls. No real issue.
Ask why transgender men don’t compete in men’s sports successfully. The question should lead one to the concept that biology is a real factor. Hence transgender women have a biological advantage regardless of hormone therapy. Letting them compete tramples on women’s rights. Ask yourself which is a larger group? Why do the masses have to be impacted for the few? Competing in sports is not a constitutional right. If a transgenders desire is so great to compete then let them compete in the biological world they were born. No one is stopping them full filling their need.
The number of transgender female athletes is fluid and I am unable to accurately quantify. The number is certainly small compared to the total population of the country. All the energy and attention as well as money and angst trying to resolve the issue has been ridiculous.
We all follow certain social norms and what you or I do behind closed doors in the privacy of our bedrooms should have never been a public debate. Life is not fair and all the legislation will not make it so.
Common sense is a valuable resource sorely missing in todays society.
Laurel says
Ed P: Well said. I think the sports problem could be solved in the same way that boxing has divisions: fly weight, light, welter, middle, heavy and super heavy. At least something similar. Problem solved.
When I was a kid, I was a speed skater. I won all the girls’ races, and eventually, I was placed a quarter way back of the starting line. I won anyway. So, I wanted to race the boys, but the adults wouldn’t let me. Why is that *fair*?
James says
Florida the State that Discriminates against everyone that Ron DeathSantis doesn’t like. No wonder he lack bids to run for President, he hasn’t figured out yet why he is so disliked.
Jim says
Trans population in the US is around .48% according to my quick look on the net. As far as I know, there is no crime spree anywhere that has been traced back to trans people. Yet, despite that, my tax dollars are being spent to support the Republican political stunt that is taking place. It’s just a shame that more people don’t look beyond the headline into the facts of matters like this and recognize that they want you looking at trans people as the bogey man while judges put out rulings that either contradict or ignore a law and all the while are taking bribes from groups with vested interests in their rulings and the public just lets that slide on by…
There’s a saying in business regarding stupid management – “shoot the rowboats and let the battleships go by….”. Well, trans are the rowboats and judges, politicians, and PAC’s are the battleships sailing off into the sunset at our expense…..
Hell, vote for Trump; he can add these undesirables to the groups he’ll deport when elected…..
Laurel says
“The idea that young girls can now legally be forced to undress in the same room with males in what is supposed to be a safe space like a locker room,” How about Trump going into young women’s dressing rooms and bragging that he could because he was the pageant owner and he was able to inspect the goings on, then commenting about how fabulous their bodies were? Apparently, this is not bothersome to his syncophants and MAGAs.
Sherry says
For the “short sighted”. . . not all restroom have only booths with toilets, the majority of men’s restrooms have “urinals”. There in lies the problem. . . what young girl should be exposed to men’s penises? Solution: One restroom door says “Urinals”, the other ones says “Booths”.
Mary Fusco says
How about we go back to male or female. We are all born one or the other. Gender reveals these days are either boy or girl, not a question mark. Stop this idiocy by having all restrooms having only one occupant male or female or whatever.
Sherry says
Here’s the problem with having a separate restroom for each occupant. . . can you imagine jut how many individual restrooms would be required for say a school or a sports stadium? I just can’t see that happening.
Most public restrooms for males have multiple urinals for each private stall. It is often necessary to walk past the urinals to access a stall, that eliminates the privacy for men/women/girls/boys trying to use the same public restroom. Yes, I have appropriately been in several public men’s restrooms.
If we created HUGE public restrooms with nothing but rows of stalls, that would likely cause really long lines, and likely a really dirty toilet area, but it could be a step in the right direction.
I’m still not convinced that urinals should be a thing of the past. They are much cheaper and create a very fast turn around. One public restroom door for urinals and one for stalls only.
Laurel says
Mary F: You need to do a little more studying of human anatomy, or go talk to a doctor, because your black and white statement is inaccurate.
Ed P says
Ever been in men’s bathroom that did not have commodes with stalls.
If it’s urinals only where would we dedicate? In the trash can?
Wrong once again
And I am not short sighted. A transgender woman was born with a penis and certainly knows what one looks like.
No need to change anything.
Ed P says
Never
Defecate
(Spelling errors)
Ps why would young girl should be in a men’s bathroom anyways?….
Laurel says
Because the line to the women’s bathroom was too long. Been there, done that.
Ban the GOP says
Its pretty clear if you are trans, gay, black, Latino, non-white, non-wealthy, pregnant, an author, an educator, or someone that values liberty and freedom of choice then florida is not for you. racist ron and his maggots have slowly dismantled your rights, freedoms, and protections to propagate more hate and divisiveness. Divided we fall. Keep your head up we have another coup attempt coming in November. GOP have changed the rules so it should work this time. It worked well in south american countries hense the flow of migrants.
Sherry says
Time to get caught up. While I personally don’t see such a big deal about public toilet usage. . . Our divisive culture wars certainly include discrimination against those with gender identity issues, and have been the subject of lawsuits as well as political gamesmanship for many years. . .for example:
https://abcnews.go.com/US/calls-protect-trans-kids-trump-administration-reverses-transgender/story?id=45684227
Whathehck? says
In Europe many individual W.C. are unisex. Why not add a few such individual bathrooms and let the people decide where they want to go. Why does the party of limited government creates masses of regulations and a need for a massive government to impose them?
I agree with Rocco “The Creation of a new Sports Division-Transgender Athletes”, I would solve a lot of problems.
“The NCAA male administrators flatly refused to recognize or fund women’s sports until, get this, 1982” (Washington Post).
I bet trans will also have to wait decades to be recognized in sports and funding. Title IX will need tweaking.