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Wyoming Joins Lawsuit Challenging Federal School Bathroom Rules

posted Aug 19, 2016, 9:58 AM by David Bush   [ updated Aug 19, 2016, 10:31 AM ]


July 8, 2016

CHEYENNE, Wyo. – Governor Matt Mead has instructed the Attorney General to join nine other states in a lawsuit over recent pronouncements by the U.S. Department of Education (DOE) and Department of Justice (DOJ) regarding bathroom use in schools. On May 13, 2016, the DOE and DOJ issued a letter informing school districts in every state that they must allow bathrooms and locker rooms to be used based on gender identity. The agencies went on to threaten the loss of federal education money.

“The Obama Administration again seeks to make law administratively – this is illegal and encroaches on decisions properly made by local school districts. Local school districts make decisions about the privacy and safety of students all the time – federal bureaucrats don’t,” said Governor Mead. “As a parent and public official, I trust the leaders of school districts across Wyoming to make decisions that respect all students.”

The lawsuit argues that it is the duty of Congress to pass laws and the Executive branch to administer those laws. The DOE and DOJ lack the authority to amend those laws by “executive fiat” and therefore their “significant guidance” is a violation of the Administrative Procedure Act. The suit was filed today in the U.S. District Court for the District of Nebraska.

A copy of the states’ complaint is available on the Attorney General’s website: http://ag.wyo.gov/current-issues.

 

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