Monday, May 30, 2016

States can't sue Obama over bathroom memo just because they don't like it; they have to show harm

An ACLU spokesman said "it's nothing more than a "political stunt."   Yet, attorneys general in twelve states are spending taxpayer money to sue President Obama over the administration's memo on bathroom policy, claiming that he has over-reached his authority over the states.

The ACLU clarified that the suit, as currently written, will not get a hearing because the plaintiffs lack standing to sue.  “The Supreme Court has made clear that one cannot sue an agency just because they disagree with the agency’s guidance.  If these attorneys general disagree with the agency’s interpretation of what the federal ban on sex discrimination means, they can make that argument to the court when it arises in a real case.”

James Esseks, director of the ACLU’s LGBT Project says that therehave been no disruptions, increases in public safety incidents, nor invasions of privacy related to protections for transgender people. . . .

"The federal agencies named in this lawsuit have not changed existing obligations under the law. Our civil rights laws, including Title VII and Title IX of the Civil Rights Act, have long prohibited discrimination on the basis of sex, and federal courts and agencies have long recognized that this includes protections for transgender people."

That's right.   Federal courts have already ruled favorably on protection for trans people in civil rights laws.   This is not an Obama creation.

Ralph

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