On Monday, August 30, twenty states around the country filed a lawsuit against the Biden Administration.  Led by their Republican Attorneys General, the action is an attempt to overturn President Joe Biden’s Executive Order Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

Among the “Gang of 20” (G20) onboard with the attempt to enshrine discrimination and intolerance are North Carolina’s neighboring states of South Carolina, Tennessee and Georgia.

The other 17 states represented in the lawsuit, filed in Knoxville, Tennessee, are Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Dakota and West Virginia.

Noticeably absent from the standard region of embarrassment and shame? North Carolina and Virgina. Wonder why? We’ll get to that.

First, let’s take a little look back at recent achievements in LGBTQ rights and how we got to this point.

On June 15, 2020, a landmark Supreme Court decision known as Bostock v. Clayton County confirmed that Title VII of the Civil Rights Act of 1964 provides federal protection against discrimination for LGBTQ individuals in the area of employment.

After taking office in January of this year, President Joe Biden issued the aforementioned executive order adding logical coverage via legal interpretation to provide protection against discrimination for the LGBTQ community in just about all areas of American life.

The opening portion of his order reads as follows:

“Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love.  Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports.  Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes.  People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination.  All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”

Title IX of the United States Education Amendments of 1972 prohibits discrimination “on the basis of sex” in educational programs and activities that receive financial assistance from the federal government.

Following President Biden’s lead and the SCOTUS decision on Title VII, the Department of Education announced in June of this year they would now interpret Title IX as applicable to LGBTQ students and schools that receive public funding.

U.S. Secretary of Education Miguel Cardona issued this statement:

“The Supreme Court has upheld the right for LGBTQ+ people to live and work without fear of harassment, exclusion, and discrimination – and our LGBTQ+ students have the same rights and deserve the same protections. I’m proud to have directed the Office for Civil Rights to enforce Title IX to protect all students from all forms of sex discrimination. Today, the Department makes clear that all students—including LGBTQ+ students—deserve the opportunity to learn and thrive in schools that are free from discrimination.”

So what’s the big brouhaha about?  Why is G20 so upset that LGBTQ folks shouldn’t have the same protections their cisgender and heterosexual counterparts take for granted?

According to Chief G20 spokesperson and Tennessee Attorney General Herbert Slatery, the motivation behind the lawsuit isn’t about the entire LGBTQ community.

Just the Trans part. 

That doesn’t make it any less toxic or intolerant.  Slatery and his G20 pals may think it’s okay to point a finger at transgender girls and women and say they can’t play on sports teams they view as suitable for cisgender females only and claim it’s to “protect women.”

But it’s still discrimination.

So why aren’t North Carolina and Virginia a part of the lawsuit? Our state’s AG, Josh Stein, is a Democrat. Our Governor, Roy Cooper is also a Democrat.  Same goes for Virginia Governor Ralph Northam and Attorney General Mark Herring. Both are Democrats, committed to equality and all four have been endorsed by the Human Rights Campaign.

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David Aaron Moore

David Aaron Moore is a former editor of QNotes, serving in the role from 2003 to 2007. He is currently the senior content editor and a regularly contributing writer for QNotes. Moore is a native of North...

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