Georgia Joins Lawsuit Against Federal Transgender Directives

The State of Georgia has joined a lawsuit initiated by the state of Texas asking for relief from the threats to withhold federal funds if schools do not comply with policies outlined in a Dear Colleague letter released earlier this month that directs schools to allow transgender students to use restrooms, locker rooms, and other facilities corresponding to the student’s gender identity rather than their gender assigned at birth. In addition to Georgia and Texas, plaintiffs include Alabama, Arizona, Louisiana, Maine, Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin.

Among other things, the suit alleges that the directives regarding Title VII, the Civil Rights Act of 1964; and Title IX, which covers sex discrimination in education; violate states’ rights under the 10th Amendment, and equal protection of the law under the 14th amendment because they treat students who identify as their birth sex and students who identify as the other gender differently. The lawsuit also claims that the regulations are arbitrary and capricious, and are unconstitutionally coercive.

Shortly after the Dear Colleague letter was released, Governor Nathan Deal and Attorney General Sam Olens issued statements indicating they were monitoring the situation, and asking State Scuool Superintendent Richard Woods to formulate policies addressing the issue. Today, upon joining the Texas suit, Olens issued this statement:

The guidance letter is yet another example of the President’s unconstitutional overreach. The Constitution gives only Congress the power to write and rewrite laws. Threatening to withhold taxpayer dollars from schools if they don’t comply with this new and legally unsound mandate is unconstitutional. I will continue to defend the Constitution on behalf of Georgians.

You can view the suit here.

While most of the objections to the directives in the guidance letter deal with restrooms and locker rooms in elementary and secondary schools, virtually nothing has been said about another portion of the Dear Colleague letter that appears to apply to public colleges and universities. Section 3, which provides guidance on how to deal with various scenarios concerning the rights of transgender students includes this paragraph:

Title IX allows a school to provide separate housing on the basis of sex. But a school must allow transgender students to access housing consistent with their gender identity and may not require transgender students to stay in single-occupancy accommodations or to disclose personal information when not required of other students. Nothing in Title IX prohibits a school from honoring a student’s voluntary request for single occupancy accommodations if it so chooses.

This section would appear to require colleges and universities to assign dormitory roommates based on a student’s gender identity, rather than the sex assigned at birth. And that would mean that the transgender rights issue now extends beyond school systems and now involves the University System of Georgia and other colleges and universities that accept federal aid.

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Lady T
Lady T

Good. This notion that children are capable of deciding what “gender” they are is complete nonsense that I refuse to have shoved down my throat by an overreaching federal government. And why do we use the phrase “gender assigned at birth”? There is no such thing. It’s not like after a baby is born there is a team of doctors that are all, hmmm, what gender do we assign this one with the penis? It’s decided from conception in your DNA.

zedsmith
zedsmith

Actually, Lady T— that’s exactly what happens some times. Either because the baby has ambiguous genetalia, or both a penis and a vulva, or because of a botched procedure like a circumcision, doctors will assign an infant a gender. Those rare cases aside, your DNA isn’t your destiny. Its the pool of genes you have at your disposal, and how they are expressed is contingent on many many factors. People who experience gender dysphoria aren’t doing it to shock you, or for all the charms of being bullied and scourged by peers and politicians. Why not do the christian thing,… Read more »

Robbie
Robbie

Lady T –

That is literally exactly what happens. The doctor looks at a baby’s genitals and assigns a gender. Most of the time they’re right. Sometimes they’re wrong. Body parts aren’t a good way to figure out what someone’s gender is.

The Eiger
The Eiger

“Body parts aren’t a good way to figure out what someone’s gender is.” That a joke right. Please tell me that’s a joke. I’ll just go ask my 10 month old if he wants to be a he or she.

John Konop
John Konop

Relax it is less than 30 basis points of people. People who are transgender have been documented for years. As far as being child predators, they are gay, straight, black, white, all religions…..I was Psychology minor, even taught in the old days.

The Eiger
The Eiger

Thanks for that wonderful and enlightening commentary. As usual, you bring completely unrelated topics into the discussion of whether a penis is a male organ or female organ. Thanks Dr. Konop

John Konop
John Konop

I did not want to debate with you about this, but that is not the point when you are dealing with transgenders. In a basic level 1 101 Psychology class you would of missed the question, NO PHD needed on this issue. Thanks for calling me doctor, not sure if that makes me feel smart or is the bar to low?

The Eiger
The Eiger

Whatever helps your ego doc. You know everything.

Also, there is a big difference between someone born with two separate organs and Bruce Jenner who clearly has a mental disorder that needs to be addressed before he hurts himself.

John Konop
John Konop

The Eiger, Glad you are concerned about them getting hurt, but below you will see basically biggest risk is shamming them. Think about it? …….People know that transgender people are at a higher risk of suicide, but why this risk is higher is often not understood by the public, or misused by people who wish us further harm. The statistic that 40% of transgender people have attempted suicide is used all the time to justify all sorts of things that have absolutely zero basis in science. Why transgender people are at risk is something that has actually been studied in… Read more »

The Eiger
The Eiger

“People know that transgender people are at a higher risk of suicide,”

Yes, because it is a mental disorder that should be treated with kindness and respect. Not by encouraging someone to accept their mental illness as a trait.

John Konop
John Konop

The E,

That or people like you spew hate at the and treat them like crap? You are so full of BS…………At the end, God is about love, you seem to forget that a lot.

The Eiger
The Eiger

What did you not get about the words kindness and respect. You are having a lot of difficulties reading tonight.

But you win John. You can post last. I’m going to bed to contemplate how our country got to the point where trying to convince people a penis isn’t a male reproductive part is something that is talked about on blogs.

Andrew C. Pope
Andrew C. Pope

There’s a difference between gender and sex.

I’m so gobsmacked by the fact I need to explain that to an alleged adult that I can’t even think up a witty name to call you.

The Eiger
The Eiger

Really? Please share the scientific evindence that proves that and as Konop would say leave emotion out.

John Konop
John Konop

The E and Lady T,

I posted it already? look under lady T from me…..Straight from the APA not a business newspaper.

The Eiger
The Eiger

Read the damn article John. Can a respected Doctor not write an op-Ed? You know it disproves your view of what you think you read.

John Konop
John Konop

It is stupid argument, and you know it! Why can you not admit, you are flat out wrong! Is it really that hard for you?

Lady T
Lady T

Andrew: Since you are so enlightened unlike the rest of the rubes like me, please explain to me the traits of a biological man who has a female gender. What traits define your “gender”? Your feelings? And if this is the case, please explain to me what it feels like to be a woman. Without resorting to sexual stereotypes.

Andrew C. Pope
Andrew C. Pope

You obviously have the capability to use the Internet. So hop back on that Google and pull up some
medical literature.

I’m not here to spoon feed you.

The Eiger
The Eiger

Because it ain’t there. Thanks though. It’s easier to make up facts.

John Konop
John Konop

The E, What part of this from the APA do you not understand? …………..In addition, more studies are exploring treatment for transgender people who seek it, as well as ways to combat the discrimination many still face. Plus, many universities — Brown, Cornell, Harvard, Princeton and Yale among them — are starting to offer health insurance plans that include coverage for hormone therapy or gender-reassignment surgery for transgender students, a move unheard of just six years ago. APA and other groups have increased their advocacy on behalf of transgender people as well. In 2008, APA’s Council of Representatives adopted its… Read more »

John Konop
John Konop

The Eiger (aka the NEOCON Hack), A little help for you! I hope this helps so you do not need a PHD to understand the topic before you comment. Just trying to help via cost of education today! FROM: American Psychological Association Transgender is an umbrella term for persons whose gender identity, gender expression or behavior does not conform to that typically associated with the sex to which they were assigned at birth. Gender identity refers to a person’s internal sense of being male, female or something else; gender expression refers to the way a person communicates gender identity to… Read more »

The Eiger
The Eiger

I’m just going to leave this here. From an actual doctor. A John’s Hopkins doctor. You’ve heard of that place right…….. “Yet policy makers and the media are doing no favors either to the public or the transgendered by treating their confusions as a right in need of defending rather than as a mental disorder that deserves understanding, treatment and prevention. This intensely felt sense of being transgendered constitutes a mental disorder in two respects. The first is that the idea of sex misalignment is simply mistaken—it does not correspond with physical reality. The second is that it can lead… Read more »

Andrew C. Pope
Andrew C. Pope

Being a “John’s Hopkins doctor” isn’t that impressive anymore. JH employed Ben Carson for decades and we all know that, outside the field of brain surgery, he’s as dumb as a rock.

The Eiger
The Eiger

So you admit they employee experts in their field of study. Thanks.

John Konop
John Konop

The Eiger,

LOL, you use a clip from the Wall Street Journal over what APA that certifies the doctors recommends…..LOL LOL ……even for you this is way over the top! Would use the WSJ or APA for questions on this issue? LOL

http://www.apa.org/monitor/2013/04/transgender.aspx

The Eiger
The Eiger

Did you read the article…………… I know clicking on links and reading can be difficult. Reading op-eds from experienced doctors that disprove your flawed ideas of what you think you know can be frustrating.

Andrew C. Pope
Andrew C. Pope

The APA usually trumps “1 doctor.” John is presenting medical consensus. You’re presenting some mouth breathing MD who quit huffing paint long enough to write a WSJ op-ed.

http://thinkprogress.org/lgbt/2015/06/10/3668041/paul-mchugh-transgender/

The Eiger
The Eiger

And Konop’s link clearly calls it a “disorder”. Not a trait. Disorders are treated and not enabled.

John Konop
John Konop

Your point is we should disregard the certification board for Psychiatrist? HUH?

The Eiger
The Eiger

Reading Is hard ain’t it. DISORDER is the key word.

John Konop
John Konop

The E,

Do I really need to show the treatment is helping them with excepting their identity? Are you that thick?

Lady T
Lady T

Robbie: Have you had a baby? I’m guessing not. I have, and I knew the gender/sex of my baby by the time he was a 10-week old fetus because of DNA testing that revealed him to be male. This is before the doctors could even see sex organs in an ultrasound. That is because it is a matter of biological fact as to whether a person is male or female. It is not dependent on your feelings. I truly have compassion and sympathy from people who suffer from gender dysphoria. I wish our society was more willing to try to… Read more »

John Konop
John Konop

FYI from The APA: …………In 1980, the American Psychiatric Association added gender identity disorder to the Diagnostic and Statistical Manual (DSM). While controversial, this was seen as a way to ensure that transgender people had access to care. In a nod to progress, the next DSM will replace “gender identity disorder” with “gender dysphoria” as a diagnosis. The shift underscores that being transgender is not a disorder in itself: Treatment only is considered for transgender people who experience gender dysphoria — a feeling of intense distress that one’s body is not consistent with the gender he or she feels they… Read more »

The Eiger
The Eiger

Sooooo……… The APA clearly says it’s a disorder.

John Konop
John Konop

HUH

What are you talking about? Did you read the article? Hit the link and read LOL LOL LOL

Andrew C. Pope
Andrew C. Pope

Gender =/= sex. You found out your baby’s sex through DNA testing, not his gender. Due to statistics and probability it was probably a safe guess that his gender would also be male, but the DNA test did not reveal his gender to you, much in the same way it didn’t reveal whether he was left or right handed.

The Eiger
The Eiger

It is so sad that people like you continue the make up “facts” instead helping sick individuals.

John Konop
John Konop

The E,

You know more than the APA………LOL LOL LOL ………You call me Dr Konop LOL

The Eiger
The Eiger

I just know how to read.

davidmac
davidmac

Lady T – got a great one for you!
Here is a person with female secondary sex characteristics who identified as female, brought a pregnancy to full term and gave birth to a healthy child… and who has 46,XY karyotype. By your definition, she’s not a woman, because she’s chromosomally male. So is her daughter.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2190741/

ScottNAtlanta
ScottNAtlanta

I dont think having a baby has much to do with it. The question should be do you know anyone who is trans? One of my best friends in college was a (post op) trans woman. She is a remarkable woman, and I can tell you regardless of what was on her birth certificate…she was never a man, never felt like she was a man, and is very happy that she went through the ordeal to get to where she is now. She is HAPPY. Thats not something she would have been otherwise. She is married to a wonderful man… Read more »

ScottNAtlanta
ScottNAtlanta

I would suggest you watch the following PBS Frontline special. Then, see if you still feel the same way

http://www.pbs.org/video/2365520005/

Will Durant
Will Durant

Welcome down the rabbit hole Alice Olens.

John Konop
John Konop

You got this all wrong, this is a jobs social welfare program! Why focus on infrastructure, education…….when we can hire bathroom cops. I am confused, because is this not usually a liberal Dem idea? But hey,we got a lot of public bathrooms think of the jobs?

Andrew C. Pope
Andrew C. Pope

For so called “fiscal conservatives” the Georgia GOP sure does love to waste taxpayer dollars tilting at windmills.

rickday
rickday

There is has to be a name for this pathetic disease! It is running rampant through this thread!

Symptoms include an un-ending fascination with, and demands for the dominion of, other people genitalia.

What shall we tag this mental malady?

Andrew C. Pope
Andrew C. Pope

John and I agree on something. I think I just threw up in my mouth a little bit.

John Konop
John Konop

In all seriousness, as you know I am a fiscal conservative. I am against Affirmative Action, yet for years I have also been very outspoken about equal opportunity for all. I am sensitive, why people from the left want AA protections, via attitudes of people like Sen McKoon….. using fear to pass laws, searching for problems, for political purposes. I still think the best solution is fighting for equal opportunity, not forced equal results. Yet when people support McKoon style politics, it hurts the argument against AA.Than, hate groups, use the language, pushed by politicians, making it even harder to… Read more »

Saltycracker
Saltycracker

You telling me the person at my door in a white burqa with a pointy top and a deep voice selling slightly used crosses from China was not a fashionable Muslim transgender but a KKK member ?

ScottNAtlanta
ScottNAtlanta

If they were fashionable it would be off white, or cream colored…stark white is so 70’s

John Vestal
John Vestal

The commentary above further reinforces the levels of discomfort/dissonance associated with issues where people are faced with non-binary realities in conflict with preconceived binary notions.

ScottNAtlanta
ScottNAtlanta

You all should watch this…it might actually change some minds

http://www.pbs.org/video/2365520005/

Sally Forth
Sally Forth

I’ve been trying to find out just how many people this actually affects, scouring the interweb. Nobody seems to know because there is no concrete way to identify, just somebody says they don’t “feel” like what their genitalia says they are. But the highest guess is .3 of a percent of the population. And the feds are suggesting states create bathrooms in every school for someone who most likely is not there? Or if that .3 of a percent of a person is a pointer who goes into the sitters’ bathroom, do they run all the girls out before he/she… Read more »

John Konop
John Konop

Sally,

I am confused? Did this not start from NC wanting to create a law to have bathroom police? Have not transgenders been using bathrooms way before NC wanted bathroom police? I agree this is blown way out of proportion, but advocating for bathroom police makes no sense.

Sally Forth
Sally Forth

Yep, John. I think it started in NC, and now the feds have picked it up, told every state what they MUST do to accommodate transgender folks. I sure don’t advocate bathroom police either, think everybody should just mind their own business. This whole thing looks like a solution hunting for a problem. Another election year concoction.

John Konop
John Konop

I agree!

Saltycracker
Saltycracker

Fed directives – guys in girls rooms – Urinal lobbyists – OSHA requirements – class action law suits – tax incentives for those that update – jobs – what’s not to like ?