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Kansas dismisses Title IX ‘guidance’ lawsuit

Release Date: Mar 20, 2017

TOPEKA – (March 20, 2017) – Kansas has voluntarily dismissed a federal lawsuit challenging the Obama administration’s reinterpretation of a federal statutory prohibition of sex discrimination to cover gender identity, Kansas Attorney General Derek Schmidt said.

Schmidt and the attorneys general of nine other states, together with two Nebraska school districts, last week dismissed their lawsuit, which had been pending in federal district court in Nebraska. The states had filed suit in July 2016. In a parallel case, in late August 2016 a federal judge in Texas issued a nationwide preliminary injunction order blocking the federal action.

In their dismissal, the states said their lawsuit no longer was necessary because the administration of President Donald Trump has withdrawn the Obama-era “guidance document” that sought to reinterpret the term “sex” in the federal statute.

The dispute originally arose when the Obama administration not only sought to reinterpret the statute to cover gender identity but also threatened to withhold federal funds from public schools that did not conform their local practices to the new federal interpretation.

A copy of the states’ motion to dismiss and the court’s order dismissing the lawsuit are available at http://bit.ly/2nDlbfD.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.