Arizona is suing the federal government over its directive that public schools allow transgender students to use public facilities matching their gender identity.
Accusing the Obama administration of “federal overreach,” Arizona Attorney General Mark Brnovich said these complicated issues should be decided “locally and not by some knee-jerk decree from Washington.”
The lawsuit, announced Wednesday, is led by Texas and also includes Oklahoma, Alabama, Wisconsin, West Virginia, Tennessee, Maine, Louisiana, Utah and Georgia.
“This is not about bathrooms,” Brnovich said. “This is not about discrimination and frankly it’s the Obama administration, they’re the ones that are being the bullies here, because they’re trying to dictate to the state with the threat of losing federal funding.”
The suit stems from the Obama administration’s guidelines to public schools across the country not to deny students access to public facilities that correspond to their gender identity, or else risk the loss of federal funding.
It came after North Carolina passed its controversial “bathroom bill” requiring transgender people to use public facilities that match the gender on their birth certificates. The law applies to schools and many other places.
Brnovich did not take a stance on what restroom transgender people should use, but he said Arizona schools were quietly figuring this out on a case-by-case basis. He emphasized the issue has broader implications, including for dormitories, dressing rooms and locker rooms.
“They’re trying to create a one-size-fits-all federal approach,” said Brnovich.
Arizona Superintendent of Public Instruction Diane Douglas echoed that sentiment, saying the matter “is best resolved at the local level where school board members, district administrators and school-wide administrators know exactly what their individual circumstances are.”
But members of Arizona’s LGBT community are denouncing the decision to sue.
“It’s very disconcerting they’re taking this action and setting this tone,” said Erica Keppler, who advocates for transgender rights in Arizona.
“It reflects ignorance and the willful use of a minority for the purpose of political gain,” Keppler said.
The transgender community in Arizona is growing increasingly concerned about safety since the issue took on national significance, said Keppler.
“Transgender people are like bunnies in a lion’s den, and the lions are now accusing us of making them uncomfortable,” Keppler said.
Supporters of the North Carolina law say this measure is needed to protect women and children from sexual predators. The Justice Department and others, however, contend the threat is practically nonexistent and the law discriminatory
The lawsuit asks the judge to block the directive.
The tiny Heber-Overgaard Unified School District in northern Arizona is listed as one of the plaintiffs in the federal lawsuit.