Montana Attorney General Austin Knudsen joined 20 other states, led by Tennesee Attorney General Herbert H. Slatery III, in filing a lawsuit seeking to stop the Biden Administration from enforcing “new, expansive, and unlawful interpretations of federal anti-discrimination laws” in regards to LGBTQ issues, and instead allow states to determine how to interpret and implement these new policies free of the threat of the federal government to withhold federal funding if they don’t toe the line.
This legal blitzkrieg from the red states is the result of the landmark 2020 Supreme Court ruling Bostock vs Clayton County, which ruled that federal law prohibits discrimination on the basis of sexual orientation and gender identity.
In a nutshell, Title IX of the Education Amendments Act of 1972 ensures that people can’t be discriminated against on the basis of sex in schools and educational settings that receive federal funding (as opposed to small private Christian schools). But because leftists love to destroy everything and corrupt our institutions, the laws were re-written so that whenever “sex” appears, it actually means “sex, gender identity, or sexual orientation” and making it a crime to discriminate based on someone being LGBTQQIP2SAA with all the implications that that entails.
Then became the dirty work. The Biden administration sicced the Department of Justice, the Equal Employment Opportunity Commission (EEOC), and the Department of Education on the schools, ensuring that if they wanted any of that federal money, especially in the midst of a pandemic, that they’d better play ball and not discriminate. If a boy wants to join a girls sports team and break every record in that school history, they better be allowed to do so, according to the guidelines issued by The Democratic Government. Here are some things Biden and his band of merry creepers want control over.
- whether schools must allow biological males to compete on girls’ sports teams
- whether employers and schools are allowed to maintain sex-separated showers and locker rooms
- whether individuals may be compelled to use another person’s preferred pronouns.
Montana and other states aren’t having any of it. In a statement made to the Missoulian, Montana Department of Justice spokesperson Emilee Cantrell said:
“As with all the lawsuits filed against the federal government, Attorney General Knudsen is fighting the Biden administration’s overreaching actions that affect Montanans…Schools that do not follow this new and expansive guidance — that the Biden administration issued with no public notice or input — are being threatened with having their federal funding unlawfully withheld. Whether it’s defending existing state laws or going on offense against federal overreach, Attorney General Knudsen will fight the far-left’s attempts to force its anti-science ideology onto Montana students.”
Nebraska Governor Pete Ricketts, (one of the states that joined the fray) echoed this sentiment
The lawsuit argues that these agencies “have no authority to resolve those sensitive questions, let alone to do so by executive fiat without providing any opportunity for public participation.” AG Slattery said in a statement:
“This case is about two federal agencies changing law, which is Congress’ exclusive prerogative. The agencies simply do not have that authority. But that has not stopped them from trying. Even their attempts, as unlawful as they are, did not follow the Administrative Procedures Act.g
States over and over again have challenged federal agencies on this issue and been successful. These agencies also have misconstrued the Supreme Court’s Bostock decision by claiming its prohibition of discrimination applies to locker rooms, showers, and bathrooms under Title IX and Title VII and biological men who identify as women competing in women’s sports, when the Supreme Court specifically said it was not deciding those issues in Bostock.
All of this, together with the threat of withholding educational funding in the midst of a pandemic, warrants this lawsuit.”
Whatever may come of this; one thing is certain: Montana is going to fight it tooth and nail, and will put out all stops to ensure that the confused tendrils of Biden’s science-denying, biologically confused bullets ricochet off our state, particularly with the changing rooms. They better not even wonder if this is a hill we’ll die on, as there is a veritable moutain range before them.