Two federal agencies have been barred by United States District Judge Charles Atchley Jr. from enforcing directives issued by President Biden that extend protection for LGBTQ+ people in schools and workplaces.

Judge Charles Atchley Jr. ruled for the 20 state Attorney Generals who sued last August on claims that the Biden administration’s directives infringed on states’ rights to enact laws that would prevent students from participating in sports based on their gender identity or requiring schools and business to provide bathrooms and showers to accommodate transgender people. The judge also agreed with the Attorney General’s argument and issued a temporary injunction that prevents the agencies from applying the guidance of the Biden administration on LGBTQ discrimination until the matter can be resolved by the courts.

“As demonstrated above, the harm alleged by the Plaintiff States is already occurring — their sovereign power to enforce their own legal code is hampered by the issuance of Defendants’ guidance and they face substantial pressure to change their state laws as a result.”

Judge Atchley wrote.

The Attorney Generals that have complained are from:

• Alabama

• Alaska

• Arizona

• Arkansas

• Georgia

• Idaho

• Indiana

• Kansas

• Kentucky

• Louisiana

• Mississippi

• Missouri

• Montana

• Nebraska

• Ohio

• Oklahoma

• South Carolina

• South Dakota

• Tennessee

• West Virginia

The directives were issued by the United States Department of Education and the Equal Employment Opportunity Commission in June following the decision of the Supreme Court in 2020 that protected Gay, Lesbian, and Transgender people from discrimination in the workplace. The Department of Education’s guidance from June 2021 discrimination based on a student’s sexual orientation or gender identity would be classified as a violation of the original directives.

Later that same month, the Equal Employment Opportunity Commission released guidance about what could constitute discrimination against LGBTQ+ people and advised the public as to how they can file complaints. With the guidance, the Biden administration took a stand against laws and proposals that had the intention of banning transgender girls from participating in female sports teams. The Attorney Generals argued that the authority over such policies “properly belongs to Congress, the States, and the people.”

Delaying a legal review of the directives would “cause them significant hardship, as Defendants would be allowed to use the ‘fear of future sanctions’ to force ‘immediate compliance’ with the challenged guidance,” according to the Attorney Generals as well as Judge Charles Atchley Jr.

“The Court finds that Plaintiffs have shown a credible threat of enforcement. Plaintiffs highlight that private litigants are relying on Defendants’ guidance to challenge Plaintiffs’ state laws.”

Judge Atchley concluded.