California has sued the Justice Department over its order that required California public school districts to ban "transgender" athletes from competing against those of the opposite sex, according to the LA Times. The suit, filed on Monday, claims that the federal government has overstepped its authority by discriminating against 'transgender' youth, and violating their constitutional rights.
In a statement from the California Attorney General, Rob Bonta, he said:
The President and his Administration are demanding that California school districts break the law and violate the Constitution – or face legal retaliation. They’re demanding that our schools discriminate against the students in their care and deny their constitutionally protected rights...As we’ve proven time and again in court, just because the President disagrees with a law, that doesn’t make it any less of one. As California’s chief legal officer, I’ll always fight to uphold and defend the laws of our state, especially those that protect and ensure the civil rights of the most vulnerable among us.
However, Bonta has nothing to say on how letting boys participate in girls' sports would violate Title IX, which is designed to ensure fairness in women's sports, and is clearly intended to protect biological sex, as opposed to "gender identity."
The lawsuit is a reaction to an order by Assistant Attorney General Harmeet Dhillon, head of the Justice Department’s Civil Rights Division, that sent a letter to multiple California school districts, requiring them to certify in writing that they will ban "trasngender" athletes from competing in sports. If they refused or did not comply, she threatened legal liability.
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Dhillon argued that allowing transgender athletes to compete 'would deprive girls of athletic opportunities and benefits based solely on their biological sex,' in violation of the U.S. Constitution.
Immediately following the order by Dhillon, the California State Superintendent of Public Instruction replied by telling those same schools that they were still obligated to follow state law, which requires giving so-called "trans" youth the ability to participate in the sport aligned with their "gender identity."
This lawsuit is another in a line of cases questioning whether or not the Equal Protection Clause of the 14th Amendment applies to those who identify with the opposite gender to which they were born.
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