Tennessee Attorney General Herbery Slattery III (USA)

Tennessee Attorney General Herbery Slattery III has issued an opinion regarding HB 2414, a pending bill that seeks to mandate that “Public institutions of higher education shall require that a student use the restroom and locker room facilities that are assigned for use by persons of the same sex as the sex indicated on the student’s original birth certificate.”  Slattery, affirming his position that passing HB 2414 could result in a loss of federal funding due to current interpretations of Title IX, writes:

“In sum, if a transgender student is required by a school district in Tennessee to use a restroom or locker room facility that is consistent with his or her anatomical gender rather than his or her gender expression or gender identity, and if that student files a complaint, DOE, applying its current interpretation of Title IX, will almost certainly require the school district to permit the student access to the facility consistent with his or her gender expression, and refusal to do so could very well result in loss of federal funding — at least until DOE’s interpretation is overruled by authoritative and binding judicial decision.”

White House Press Secretary Josh Earnest also “warned Tennessee it could be subject to economic penalties if HB 2414 becomes law.”


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