Is it an overreach if the federal government cuts funding for schools over transgender rights? | The Tylt
Officials from 11 states filed a lawsuit against the federal government objecting to a directive issued by the Department of Education and the Justice Department about the rights of transgender students in public schools. The directive says that a public school “must not treat a transgender student differently from the way it treats other students of the same gender identity.” It's possible that schools may lose federal funds if they don't abide by the guidelines, which the lieutenant governor of Texas Dan Patrick called "blackmail." He claims the state is willing to forfeit $10 billion in federal education funds rather than comply.
So: states are suing the federal government because the federal government said the state laws are in violation of federal law. Got it?
Should the Obama administration withhold federal funding for schools that don't comply with their directive on transgender students' rights?
Supporters of the suit called the directive "overreach into bathroom policy." Many legal experts note that the Justice Department, and (increasingly) the courts concur that discrimination against trans people is gender discrimination, and is therefore already illegal under Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, and the Violence Against Women Act (VAWA). Furthermore, the directive issued was just that — a directive, and not a law. But because of Title VII and Title IX implications, noncompliant schools may lose funding if their policies violate discrimination laws.
Is this a battle the administration should fight?
Is it an overreach if the federal government cuts funding for schools over transgender rights?
The lawsuit filed by 11 states challenging Obama administration transgender guidance is an attack on transgender people, plain and simple.— ACLU National (@ACLU) May 25, 2016