Late last week Nebraska became the 10th state to sue the federal government over the Department of Justice’s guidance that expects public schools to accommodate transgender students to use whatever restroom or locker room that matches the sex to which they identify.
Nebraska Attorney General Doug Peterson says, “On May 13th, they went out a letter and they basically indicated that a law passed back in the 70’s which had historically defined sex as male and female was now going to be broadly interpreted. If an administrative agency wants to change the law there is a very clear process they have to go through. They chose not to go through that process so we didn’t have notice or opportunity for comment. Therefore we had to challenge their actions because they were unilaterally outside the scope of how you handle things like this.”
Peterson says in order for laws to be changed, lawmakers have to go back and have the legislative definition broadened. This rule of law wasn’t followed.
Peterson says many schools, including some in Nebraska, have come up with individual plans to accommodate students but the new directive is much broader in scope. Schools that do not go along with the new ruling could lose federal funding. Peterson says in Nebraska that would amount to over $300-million.