Republican AGs score injunction against Biden transgender school guidance

Arizona Republican Attorney General Mark Brnovich announced on Monday that he and 19 other Republican attorneys general had secured a preliminary injunction against Biden administration guidance over a slew of gender-related issues in education.

Judge Charles Atchley Jr., of the Eastern Tennessee District Court, granted the AGs an injunction against Biden administration orders saying the AGs "cannot continue regulating pursuant to their state laws while simultaneously complying with Defendants' guidance," per the injunction. Many Republican states have banned men from participating in women's sports and mandated participation based on biological sex.

The Republican AGs challenged Department of Education and the Equal Employment Opportunity Commission (EEOC) guidance that "purports to resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, if employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns," per a press release from Brnovich's office.

“The federal government should not be imposing its extreme agenda on local communities,” Brnovich said. “We will continue to battle this misguided overreach and protect the well-being of our children.”

The administration attempted to argue that an earlier Supreme Court case granting anti-discrimination protections to transgender employees meant the guidance was legal, though the judge disagreed, asserting that "the Supreme Court explicitly refused to decide whether 'sex-segregated bathrooms, locker rooms, and dress codes' violate Title VII" in the prior case.