AUSTIN, Texas - Texas officials are seeing a firestorm of criticism over their lawsuit against the Obama administration's guidance on how schools should treat transgender students.

Texas, joined by 10 other mostly "red" states, wants to overturn a Justice Department determination that transgender students should be allowed to use the restroom that corresponds with their gender identity. Dan Quinn, communications director for the Texas Freedom Network, described the lawsuit as nothing more than political theater.

"This is another example of our state's top elected officials playing politics with people's lives," he said. "These are already vulnerable kids who simply want to be able to use the restroom without being harassed and bullied."

In announcing the suit, Texas Attorney General Ken Paxton dismissed the civil rights issue, calling the regulation an "unconstitutional overreach by the federal government." The U.S. Justice Department issued the guideline after North Carolina passed a law restricting transgender people to the restroom matching the gender on their birth certificate.

Quinn said the U.S. Supreme Court has made it clear that someone cannot sue an agency just because they disagree with that agency's guidance, and that an agency's guidance only can be challenged through a contested legal case.

"This action by the administration was a guidance for local school districts on how to make sure they treat all of their students fairly and equally," he said. "So, it's kind of hard to imagine here what legal objection the attorney general actually has to this."

Quinn said Titles VII and IX of the Civil Rights Act prohibit discrimination on the basis of sex, adding that federal courts already have ruled that the law includes protections for gay and transgender people.

The text of the lawsuit is online at texasattorneygeneral.gov.


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Legislation to close a loophole that potentially allows discrimination against LGBTQ New Mexicans will be debated by the State Legislature this session.

House Bill 207 would prohibit public entities and contractors from discriminating on the basis of sex, sexual orientation or gender identity when providing services.

Marshall Martinez, executive director of Equality New Mexico, said the state has one of the oldest and strongest nondiscrimination laws in the country, but specific language referencing the LGBTQ community is missing.

"Legally, state departments and agencies, city and county governments and even school districts can legally discriminate in New Mexican law," Martinez explained.

During the bill's introduction, co-sponsor, Rep. Kristina Ortez, D-Taos, said it is critical to explicitly protect LGBTQ youth at a time when attacks against them are occurring across the country. Two similar bills have failed, but Martinez is hopeful the third attempt will succeed before the legislature adjourns in March.

The New Mexico bill to expand LGBTQ legal protections is in contrast to proposed laws in neighboring states such as Texas and Arizona, where lawmakers have proposed bills to restrict rights.

Martinez argued the absence of protections for transgender students and others leaves them vulnerable if agencies do not adhere to the spirit of the Human Rights Act.

"Children, Youth and Services could say for example, if they're investigating parents for child abuse, they could say, 'Oh, and by the way the parents are lesbians,' and you couldn't file a lawsuit against them in state law for discrimination because that's not prohibited," Martinez outlined.

Equality New Mexico is also supporting legislation to give 16-year-olds the right to vote in state, local, and school board elections.

An Arizona LGBTQ+ group has established a partnership with Waymo, the autonomous-driving tech company, to provide what it said will be a safer transportation option.

Angela Hughey, president of the group One Community, said through the partnership, Waymo is providing what she described as "acceptability through innovation."

Hughey explained a person never truly knows what experience awaits them when they hail a traditional ride-share service, and it comes with a sense of vulnerability. She stressed Waymo and One Community have gone the extra mile to eliminate the worry.

"What I really think is so cool about Waymo and the innovation of autonomous driving, is that Waymo doesn't discriminate, right?" Hughey pointed out. "It is about providing safety and an assuredness to every passenger that gets into the car."

Hughey called it a valuable and necessary innovation. A Gender Policy Report from the University of Minnesota found one in four members of the LGBTQ+ community is concerned about safety on public transportation. Waymo currently provides service in the metro Phoenix area, downtown Phoenix and Sky Harbor International Airport.

Hughey added Waymo is just one of 3,500 businesses to have signed One Community's Unity Pledge, which turns 10 years old next month. It is a pledge to advance workplace equality, equal treatment in housing and public accommodations for LGBTQ+ individuals and their allies.

"One of the first things that Waymo did when we started our partnership, is that they signed the Unity Pledge," Hughey noted. "So, that was actionable. They are absolutely supportive of LGBTQ inclusivity in this great state and nation, and taking the United Pledge was very demonstrative on their part."

Hughey added feeling safe and welcome in ride-sharing services is something which should matter to all Arizonans.

Two Republican Arizona state senators have kicked off the new legislative session wanting to limit and restrict drag shows.

State Sen. Anthony Kern, R-Glendale, filed two separate bills: one banning drag shows during certain hours - targeted primarily at eliminating drag brunches - and the other would prohibit drag performances from occurring on public property or any location where a minor could see the show.

State Sen. John Kavanagh's - R-Fountain Hills - bill bans the use of state funds for drag shows targeting minors.

Staff Attorney with Lambda Legal Kell Olson said drag performances are important because they communicate a message of diversity, inclusivity and celebration.

"They show people they are not alone," said Olson. "There are very important purposes for drag shows. These laws do not do what legislators should be doing if they really are concerned about certain content that is inappropriate, they should be focused on that."

For Olson, these bills are what he calls "the latest chapter in a series of laws attempting to shame and demonize LGBTQ-plus people."

Olson said he does expect pushback, but the bills may advance as Republicans hold majorities in the Arizona Senate and House. However, newly elected Democratic Gov. Katie Hobbs would be likely to veto the bills.

The senate sponsors have said drag shows' sexually explicit nature is concerning, especially for minors.

Olson said one of the biggest issues he sees with the bills is the aim to define what drag is.

He said the broad definitions present in the legislation could target many transgender and non-conforming individuals executing a performance of any type which he says presents a practical problem.

Olson said legal complications could also follow since the laws seek to suppress ideals of the First Amendment and free expression.

"The fact that these laws have a lot of problems that they trigger because they seek to suppress people's performance and expression based on a particular viewpoint," said Olson. "That is the kind of thing our Constitution doesn't stand for."

Olson said Kavanagh's bill not only targets state funds for the use of drag shows, but also targets funding for any entity that has or operates a drag show.

He said this means a possible youth center that allows drag performances, but receives state funding, could also be cut off.