Paxton Sues Biden Over New ‘Gender Identity’ Rules

Attorney General Ken Paxton | Image by WFAA
Attorney General Ken Paxton | Image by WFAA

Attorney General Ken Paxton sued the Biden administration on Tuesday over its guidance to redefine workplace discrimination rules based on “gender identity.”

In April, the Biden administration issued guidance to the Equal Employment Opportunity Commission (EEOC) to expand protections under Title VII of the Civil Rights Act of 1964 to cover gender identity instead of biological sex. The change requires employers to accommodate the preferred usage of bathrooms, dress codes, and pronouns based on different gender identities.

The lawsuit was filed against the EEOC, the Department of Health and Human Services, U.S. Attorney General Merrick Garland, and other Biden administration officials. Paxton asked the court to vacate the proposal, which he described as “illegal guidance.”

“Yet again the Biden Administration is trying to circumvent the democratic process by issuing sweeping mandates from the desks of bureaucrats that would fundamentally reshape American law,” Paxton said. “Texas will not stand by while Biden ignores court orders forbidding such actions, and we will hold the federal government accountable at every turn.”

Title VII prohibits employment discrimination based on sex, race, or religion.

The lawsuit marks Paxton’s 75th legal action against the Biden administration.

Paxton won a lawsuit against the EEOC in 2022 over similar proposals that would have forced Texas to adopt rules requiring gender identity protections for employer bathrooms, locker rooms, and pronoun usage.

The Biden administration proposed this year to apply protections under Title IX of the Civil Rights Act of 1964 to gender identity, which would allow people to enter the private spaces of the opposite biological sex.

Paxton responded to the Title IX proposal with another lawsuit. This month, as previously reported by The Dallas Express, he issued an amended complaint, a motion for a stay of agency action, and a preliminary injunction in the lawsuit.

Title IX prohibits sex-based discrimination in schools that receive federal taxpayer dollars.

“Texas is asking the court to put an immediate stop to Biden’s outrageous, unlawful assault on women’s rights,” Paxton said. “Biden cannot violate the Constitution to subvert Title IX protections for women in his effort to accommodate the fringe demands of ‘transgender’ movement activists.”

As commander-in-chief, Biden has continued to ally himself with the LGBTQ movement. He issued a statement about “Transgender Visibility Day” this year, which fell on Easter Sunday, as previously reported by The Dallas Express.

The Biden administration has also taken action to stop bans on transgender participation in sports teams of the opposite biological sex, as reported by the Associated Press.

The EEOC did not respond to a request for comment.

Still, some support the new guidance, with Sen. Patty Murray (D-WA) lauding the development.

“No one should have to deal with harassment when they’re just trying to do their job and put food on the table—and thanks to President Biden, we have a Democratic majority on the EEOC standing firmly with workers. This has been a priority of mine for years because everyone should be safe from harassment and discrimination where they work—and guaranteeing that is good for employees, good for morale, and good for business,” she said, per a press release.

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