AG Wilson joins group seeking to prevent the Biden administration from enforcing unlawful interpretations of new antidiscrimination laws

COLUMBIA, SC (WOLO)– South Carolina Attorney General Alan Wilson says he is joining a group of 19 other states in a lawsuit in the Eastern District of Tennessee seeking to prevent the Biden administration from enforcing unlawful interpretations of new federal antidiscrimination laws regarding transgender athletes competing in women’s sports.

“This case is about two federal agencies changing law when only Congress has the power to do that,” Attorney General Wilson said.  “The agencies do not have that authority, but that hasn’t stopped them from trying.  However, even their unlawful attempts did not follow the Administrative Procedures Act.”

The group filing the lawsuit is led by Tennessee Attorney General Herbert H. Slatery III and challenges guidance issued by the Equal Employment Opportunity Commission and the Department of Education. Wilson says several states have challenged federal agencies on this issue in the past and been successful. Wilson says agencies have misconstrued the Supreme Court’s decision in Bostock v. Clayton County, by saying the decision also applies to discrimination in locker rooms and showers. The South Carolina attorney general says the guidance appears to resolve issues such as whether schools must allow those born as biological males must be allowed to compete on girl’s sports teams and whether employers and schools can maintain showers and locker rooms separated by sex.

According to Attorney General Wilson, federal agencies claim their guidance implements the court’s decision in Bostock v. Clayton County, but Wilson says this case does not cover any of the issues brought forth by federal guidance.

The full complaint from the group can be found here.

Categories: News, State