The nation’s largest Protestant association of Christian schools is joining forces with Tennessee and 19 other Republican states to try to block the Biden administration’s executive order that seeks to protect LGBTQ students in public schools from discrimination.

The International Association of Christian Schools, which has 2,000 member schools and 60 colleges nationwide, has been granted leave to intervene in a lawsuit filed in U.S. District Court in Knoxville by the attorneys general of Tennessee and 19 Republican states against the U.S. Department of Education.

The lawsuit seeks to prevent the department from enacting rules that prohibit schools that receive federal funding from discriminating against students based on sexual orientation and gender identity.

The case is based on Biden’s executive order, which followed a landmark US Supreme Court ruling in June 2020 that expanded the legal definition of sex discrimination to include sexual orientation and gender identity in employment situations.

Citing the high court’s decision, the Biden administration ordered federal agencies to adopt rules that specifically prohibit discrimination based on sex based on sexual orientation and gender identity. The Department of Education, in turn, issued “governance documents” that prohibit such discrimination and promise enforcement measures against violators, including the loss of federal school funding.

Former Tennessee Attorney General Herbert Slattery III and his fellow Republican attorneys general in states that already have laws on the books that appear to violate the guidelines, including statutes that bar schools from allowing transgender people to participate in sports games for girls, and schools – transgender youth shouted from using toilets that match their identity.

They argued in the lawsuit that the education department acted unilaterally by not giving states a chance to weigh in on the issue, and that the Biden administration was trying to end the circumvention of state laws and the U.S. Congress’s power to enact federal laws.

The International Association of Christian Schools bans transgender students from participating in women’s athletics at all of its schools and colleges. The association claims in its lawsuit that transsexuals are bigger, stronger and stronger than biological females, and that the association’s female athletes would be at a disadvantage if they were forced to compete against public school teams that include transgender members.

a lawsuit that intervened in a state case against the education department

“Uneven playing field”

“Fifty years ago, Title IX of the Education Amendments paved the way for these athletes, ensuring that girls and women had the same opportunity to compete in interscholastic athletics as boys and men,” the association’s lawsuit says.

“But the U.S. Department of Education will curtail those gains—and diminish the benefits of sports for girls—by illegally reimagining Title IX to allow biologically male boys to compete in girls’ sports if they identify as female. identity,” the trial continues. “By doing this, the government puts girls at a competitive disadvantage, increases the risk of injury and creates an unfair playing field that deprives girls of the inherent benefits of athletics.”

In the lawsuit, the association claims there are “physiological differences between the biological sexes” that create a “physiological advantage” for biological male athletes.

“No amount of testosterone suppression can eliminate male physiological advantages related to performance and safety,” the lawsuit states.

“Allowing men to compete in girls’ and women’s sports does not make it harder for girls and women to win; it makes defeating comparably talented and trained male athletes nearly impossible for girls and women in most sports because of inherent and biologically dictated differences between the sexes,” the lawsuit continues.

“For female athletes who train hard to be the best, the situation is neither fair nor safe,” the lawsuit states. “(The Department of Education’s new rules) create an uneven playing field for women’s sports teams at ACSI member schools by requiring them to compete against women’s sports teams from other public schools that include biological males.”

U.S. District Judge Charles Atchley Jr. earlier this year sided with the Republican attorney general’s office in the first round of that legal battle, issuing an injunction temporarily blocking enforcement of the new Education Department rules.

Earlier this week, Atchley issued an order allowing ASCI to join the trial. No court date has been set.

Post Association of Christian Schools intervenes in lawsuit against US Department of Education first appeared on Tennessee Observatory.

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