21 State Attorneys General Argue Biden Education
Guidelines Violate Constitution, Create Confusion
BATON ROUGE, LA – In an effort to protect Louisiana’s
students from federal overreach, Attorney General Jeff Landry is voicing
opposition to the regulatory guidance recently issued by the U.S. Department of
Education that attempts to force radical changes on nearly every school across
the Nation.
In a letter to the President, Attorney General Landry and 20
of his fellow attorneys general object to the federal government’s disregard
for procedural safeguards and democratic accountability in their interpretation
and application of Bostock v. Clayton County.
“By disregarding the rule of law and precluding public
notice and participation in the regulatory process, the Department of Education
has excluded states, localities, and stakeholders,” explained Attorney General
Landry. “By unilaterally plunging ahead with these sweeping dictates, the Biden
Administration harms the rule of law and undermines the legitimacy of its
executive agencies.”
On June 16th, the Department of Education announced its
interpretation that Title IX – a federal law that prohibits sex-based
discrimination in any school or education program receiving federal money –
also protects students from discrimination based on sexual identification and
gender identity. According to the Department’s flawed reading of Bostock,
schools will no longer be allowed to preserve the privacy of middle school and
high school students by ensuring they can use sex-specific showers, locker
rooms, and restrooms. “This is a matter of concern for millions of students and
parents who appreciate the availability of private facilities for bathing and
changing at school,” wrote Attorney General Landry and his colleagues.
“This reckless and unlawful directive puts the safety and
security of all Louisiana children in jeopardy and could cost our State a
fortune in compliance costs,” concluded Attorney General Jeff Landry. “I stand with Louisiana students, parents, and educators against this executive overreach and the unreasonable risks it poses in our State's schools.”
Attorney General Landry was joined in the letter by the attorneys
general of Tennessee, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho,
Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio,
Oklahoma, South Carolina, South Dakota, Texas, and West Virginia.