South Carolina is among the nine other states that joined Nebraska’s lawsuit against new federal education standards for transgender students.
Nebraska Attorney General Doug Peterson’s office filed the suit in federal court Friday against the US Education Department’s new Title IX requirements that transgender students be able to use the restrooms and locker room of the gender with which they identify. While the requirements are not technically mandatory for school districts, the Education Department could withhold funding from those districts that do not follow them.
The lawsuit claims the changes go against established federal law that can only be changed with the approval of Congress and the president. The complaint also argues the federal government is improperly superseding local school districts’ authority to address student issues on an individual basis.
South Carolina Attorney General Alan Wilson joined in the lawsuit. A spokeswoman said Wilson was travelling Friday, but released a statement from the AG.
“President Obama cannot force this unconstitutional mandate on South Carolina schools by allowing Washington bureaucrats to re-write federal law,” he said in the written statement. “By threatening to withhold hundreds of millions of dollars in education funding from our schools, this administration is once again displaying a complete lack of respect for the 10th Amendment, the rule of law and a total disregard for the well-being of our children. This cannot be tolerated.”
Besides Nebraska and South Carolina, other states involved in the suit are Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Dakota, and Wyoming. In all, 24 states are suing the Education Department over the mandate.