An amicus brief filed last week claims that under the Civil Rights Act of 1964 "sex" only means assignment at birth, or biological sex, and not gender identity.
"The States’ purpose is to note that 'sex' under the plain terms of Title VII does not mean anything other than biological status," the 16-state amicus brief claims. "Unless and until Congress affirmatively acts, our Constitution leaves to the States the authority to determine which protections, or not, should flow to individuals based on gender identity."
Nebraska Attorney General Doug Peterson drafted the brief.
The states challenging the 6th Circuit ruling and asking the Supreme Court to not extend equal protections to LGBT, and specifically, transgender people, are:
The Supreme Court has yet to decide if it will take up the case.
Peterson has a history of using his office to attack minorities. He appealed a Nebraska court's decision that found the state had discriminated against same-sex couples the state had banned from adopting. And he joined six other states in threatening President Trump to rescind President Obama's DACA program. Peterson also sued the Obama administration over its guidance protecting the civil rights of transgender students.
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