21 state attorneys general push back on Biden’s LGBT guidance, warn religious liberty is in peril
by Michael Gryboski, Christian Post:
A group of 21 state attorneys general have signed on to a letter to the Biden administration, denouncing recent efforts to expand LGBT policies in schools that they believe would circumvent religious liberty protections and free speech rights.
Last month, the Equal Employment Opportunity Commission and the U.S. Department of Education sent out guidance for states to implement the 2020 U.S. Supreme Court ruling Bostock v. Clayton County.
In the 6-3 ruling from June of last year, the Supreme Court majority concluded that federal Title VII civil rights law banning employment discrimination on the basis of “sex” applied to “sexual orientation” and “gender identity.”
However, the attorneys general sent a letter last week to President Joe Biden explaining that they took issue with the EEOC and Department of Education guidance, stating in part that the administration was misapplying the Bostock ruling.
“The Court in Bostock narrowly addressed employment termination and explicitly refrained from addressing ‘sex-segregated bathrooms, locker rooms, and dress codes,’” reads the letter.
“Similarly, Bostock did not provide any basis for a claim that using biologically accurate pronouns could violate the law. To the contrary, the First Amendment protects the right to ascribe pronouns to others based on their sex.”
The letter asserts that the EEOC guidance “comes across as an effort to leverage the authority of the federal government to chill protected speech disfavored by your administration.”
“The EEOC guidance also appears to ignore two of three protections provided to religious employers, acknowledging the Religious Freedom Restoration Act (RFRA) but nothing else,” continued the attorneys general.
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