[JURIST] Ten additional states, including Nebraska, Michigan and Ohio, have filed a lawsuit [complaint, PDF] against the Obama administration for its directive for schools to allow transgender to use the restroom correlating to their gender identity. The Obama administration, through the Department of Education (DOE) and Department of Justice (DOJ), previously issued a letter informing states that transgender people are protected under Title VII of the Civil Rights Act of 1964, dealing with employment, and Title IX of the Education Amendments of 1972, handling federally funded schools. Nebraska Attorney General Doug Peterson contends that the agencies bypassed necessary procedures in creating new federal regulations. The lawsuit asks for a temporary injunction on enforcing transgender use of restrooms intended by the administration pending the outcome of the lawsuit. A similar lawsuit was brought [JURIST report] earlier in May by 11 states.

Transgender access to public restrooms has been a controversial topic and has created a wave of legislative and judicial actions. Earlier this week the Massachusetts legislature approved [JURIST report] a bill set to stop discrimination of transgender citizens in places of public accommodation, including public restrooms. In May the Florida American Civil Liberties Union (ACLU) filed a lawsuit [JURIST report] against the Marion County school district, challenging their bathroom policy as anti-transgender. The US Department of Justice filed a lawsuit [JURIST report] in May challenging North Carolina’s controversial House Bill 2.