NASHVILLE, Tenn. — Nebraska’s Doug Peterson joined 19 other state attorneys general in suing the Biden administration over rules regarding LGBTQ people, including the participation of transgender girls in school sports and the use of bathrooms by transgender people.

Tennessee Attorney General Herbert Slatery filed the lawsuit, arguing that rules recently issued by the U.S. Department of Education and the Equal Employment Opportunity Commission go beyond a landmark U.S. Supreme Court ruling.

The Supreme Court ruled in June 2020 that civil rights law protects gay, lesbian and transgender people from discrimination in employment.

In June, the Education Department said discrimination based on a student’s sexual orientation or gender identity will be treated as a violation of Title IX, the 1972 federal law that protects against sex discrimination in education. A legal analysis by the department concluded that there is “no persuasive or well-founded basis” to treat education differently than employment. The policy carries the possibility of federal sanctions if schools and colleges fail to protect gay and transgender students.

The new action does not reinstate the Obama-era policy but instead clarifies that the Education Department’s Office for Civil Rights will investigate complaints of discrimination involving gay or transgender students. If the department finds evidence of discrimination based on sexual orientation or gender identity, it will pursue a resolution to “address the specific compliance concerns or violations.”

Joining Nebraska and Tennessee in the lawsuit are Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia.

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