DOJ: 2 states' transgender restrictions unconstitutional

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The DOJ said the law violates Title IX, which prohibits discrimination on the basis of sex in any education program or activity receiving federal funds, as well as the equal protection clause of the 14th Amendment.

FILE - In this March 12, 2020, file photo, West Virginia Gov. Jim Justice speaks during a press conference at the State Capitol in Charleston, W.Va. The U.S. Department of Justice has weighed in on a new West Virginia law that bans transgender athletes from competing in female sports, asserting in a court filing Thursday, June 17, 2021, that the ban violates federal law.

And in a third case, West Virginia's Supreme Court on Thursday reinstated a lawsuit filed on behalf of a transgender male student who said an assistant principal harassed him when he tried to use the boys bathroom.challenged the athlete ban The ACLU filed the lawsuit on behalf of four transgender youth and their families, as well as two doctors who provide gender confirming treatments. The lawsuit argues the prohibition will severely harm transgender youth in the state and violate their constitutional rights.

Arkansas Attorney General Leslie Rutledge, also a Republican, asked a federal judge this week to dismiss the lawsuit over the state's ban. And West Virginia Republican Attorney General Patrick Morrisey on Thursday asked a judge to allow him to intervene on the state's behalf to defend the athlete ban.

Several Democrats said the bill was discriminatory, but supporters have argued that transgender athletes would have physical advantages in female sports. Some Republicans said the bill was about protecting athletic opportunities for athletes who are identified as girls at birth.

 

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