The Columbus Dispatch

Ohio part of suit over LGBTQ anti-discrimina­tion rules

- Haley Bemiller

“I will always defend the rights of our citizens to be a part of the legislativ­e process and work to stop the abuses of a recalcitra­nt administra­tive state determined to bypass them.”

Ohio Attorney General Dave Yost and 19 other Republican attorneys general are suing the federal government in an effort to overturn anti-discrimina­tion protection­s for LGBTQ and transgende­r people establishe­d under President Joe Biden.

The lawsuit, spearheade­d by Tennessee Attorney General Herbert Slatery III, targets an executive order issued by Biden that instructed agencies to ensure their rules prohibit discrimina­tion based on gender identity and sexual orientatio­n. The move reversed action by former President Donald Trump, whose administra­tion said LGBTQ students weren’t protected by federal law.

As a result, the federal Department of Education announced in June that gay and transgende­r students are protected under Title IX, which bars sex discrimina­tion in schools. The Equal Employment Opportunit­y Commission also outlined guidance that guards LGBTQ employees against discrimina­tion, citing a 2020 Supreme Court decision that found employers can’t fire people for being gay or transgende­r.

In a statement, Yost said the suit isn’t driven by the “wisdom of the administra­tion’s policy” and argued that the agencies didn’t have the authority to change the law. He also disputed the EEOC’S interpreta­tion of the Supreme Court ruling, saying it doesn’t require employers to adopt practices related to dress codes or bathroom access.

“Rule by administra­tive overreach may seem convenient, but tossing the process our Constituti­on requires will inevitably trample the liberties of our most vulnerable,” he said. “I will always

Dave Yost Ohio attorney general

defend the rights of our citizens to be a part of the legislativ­e process and work to stop the abuses of a recalcitra­nt administra­tive state determined to bypass them.”

The lawsuit comes as advocates in Ohio push for a statewide measure that would ban discrimina­tion based on sexual orientatio­n and gender identity in employment, housing and public accommodat­ions. They’re also working to beat back a proposal that would prevent transgende­r girls from joining female sports teams in high school and college.

Meanwhile, over 1,000 businesses across the state have thrown their support behind adding nondiscrim­ination protection­s for LGBTQ people to Ohio law.

“It’s a shame that, as Ohio pushes for economic recovery and to keep residents safe in an historic pandemic, Attorney General Yost is deciding to spend our precious government resources fighting for the right to discrimina­te,” said Maria Bruno, the public policy director for Equality Ohio. “AG Yost’s decision to participat­e in this misguided lawsuit against LGBTQ+ people pushes Ohio down the wrong path.”

Haley Bemiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizati­ons across Ohio.

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