The state of Texas has officially countered the Biden administration’s new rule that would protect people’s access to gender transition care.
Providing Care
The contested rule from the Biden administration mandates that health providers and insurance companies provide gender-affirming care without discrimination.
Background on the Rule
The rule, issued by the Equal Employment Opportunity Commission (EEOC), states that denying accommodations for an employee’s gender identity constitutes workplace harassment.
Choosing Your Restroom
The denial of accommodations for an employee’s gender identity would also include protection, allowing employees to use bathrooms that align with their gender identity.
Biden Administration’s Stance
In the Biden administration’s statements on the topic, they argue that these protections are crucial for preventing discrimination against LGBTQ+ individuals in healthcare and employment settings.
The Broader Cause
This is part of a broader effort to ensure equal rights for all, regardless of gender identity or sexual orientation from the Biden Administration.
Impact on Texas
However, Texas Attorney General Ken Paxton argues that complying with the rule would cause “irreparable harm” to state finances and sovereignty.
Redefining Sex
AG Paxton claims that the guidance would force Texas to significantly alter its agency operations and redefine “sex” under Title VII of the Civil Rights Act of 1964.
Undue Burdens
The Texas Attorney General’s office also argues that this rule infringes on the states’ rights and imposes undue burdens on state agencies.
Circumvent the Democratic Process
The Texas Attorney General, Ken Paxton, said, “Yet again, the Biden Administration is trying to circumvent the democratic process by issuing sweeping mandates from the desks of bureaucrats that would fundamentally reshape American law.”
75 Challenges
This lawsuit has marked the 75th legal challenge Texas has posed against President Biden and his White House administrations since January 2021.
Ignoring Court Orders
Paxton said, “Texas will not stand by while Biden ignores court orders forbidding such actions and we will hold the federal government accountable at every turn.”
Previous Legal Battles
This lawsuit is actually similar to a 2021 legal challenge where Paxton sued the Biden administration over a similar EEOC guidance on gender identity.
Texas Autonomy
In the 2021 case, the court ruled in favor of Texas and emphasized the state’s autonomy over such matters.
Judge Kacsmaryk’s Role
Many of these cases, including the current lawsuit, are filed in Amarillo, Texas, where Judge Matthew Kacsmaryk makes the final decision on these matters.
Conservative Rulings
Appointed by President Trump, Kacsmaryk has a history of rulings that favor conservative positions on gender identity and religious liberty.
Texas’ Broader Strategy
Texas has consistently positioned itself against federal mandates on LGBTQ+ protections, and this lawsuit aligns with Texas’ broader strategy to challenge what it perceives as federal overreach into state governance.
Broader Legal and Social Context
Unfortunately, this case seems to be part of a broader trend of conservative legal challenges to school policies that protect LGBTQ+ students from harassment and respect their identities.
Free Speech Cases
In the majority of these lawsuits targeting protections for LGBTQ+ students, they focus on free speech and claims of religious freedom.
Increasing Legislative Efforts
Nationwide, there has also been an increase in legislative efforts to limit the rights of LGBTQ+ people, including access to gender-affirming care and participation in sports.
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Featured Image Credit: Shutterstock / YASAMIN JAFARI TEHRANI.
