TOPEKA – (May 25, 2016) – Kansas Attorney General Derek Schmidt issued the following statement related to the lawsuit filed today in Texas by 11 other states challenging the legality of the Obama administration’s directive that public schools not restrict the use of their bathrooms based on a person’s biological sex:
“More than two weeks ago, on May 10, Kansas went to court and challenged the federal government’s demand that schools abandon biological sex as the basis for regulating bathrooms. In the Fourth Circuit Court of Appeals, we’re standing with a school board on the front lines of this legal fight about the meaning of Title IX.
“We are in communication with our fellow states that have now filed suit in Texas. We will work closely with them as we weigh next steps to protect Kansas interests, including shielding Kansas schools from the risk and uncertainty caused by yet another illegal federal edict.”
The Fourth Circuit case in which Kansas is involved is Grimm v. Gloucester County School Board, No. 15-2056. In that case, a school board attempted to accommodate a transgender student by making available a private, one-stall unisex bathroom. The student nonetheless filed suit claiming a violation of Title IX. The District Court ruled in favor of the school board. A three-judge panel of the Fourth Circuit, on a vote of 2-1, ruled in favor of the student. A motion for rehearing en banc (by the full Fourth Circuit) has been filed. On May 10, Kansas joined in filing a brief supporting the school board and its request for a rehearing en banc. A copy of the brief is at http://1.usa.gov/25mBaP7.