America First Legal (AFL), in collaboration with co-counsel Christopher Mills, has filed an amicus brief in the U.S. District Court for the Eastern District of Tennessee. The brief pertains to the case State of Tennessee, et al., v. Equal Employment Opportunity Commission, et al., and argues in favor of granting Tennessee’s motion for a preliminary injunction against the Biden Administration's efforts to extend Title VII protections to include "gender identity."
Title VII traditionally prohibits employment discrimination based on sex and has allowed for sex-separated spaces such as restrooms and changing facilities. However, the Equal Employment Opportunity Commission (EEOC) under the Biden Administration has issued guidance that interprets Title VII to require employers to open these facilities based on individuals' self-identified gender identity.
The AFL brief contends that this interpretation contradicts both historical understandings of Title VII and Supreme Court rulings like Bostock v. Clayton County, which distinguishes "transgender status" from biological sex. According to AFL, Title VII should not be expanded to cover over 100 different gender identities purportedly recognized by some groups.
Gene Hamilton, Executive Director of America First Legal, stated: “This case is a clear example of ‘gender identity’ run amok. The notion that a man – or woman – can change their gender overnight and be granted access to the bathroom of their choice is lunacy. Yet, this is the exact position that the Biden Administration is propelling using the full force of the federal government. We are proud to stand with the State of Tennessee in this important battle for biological truth and objective reality.”
The AFL argues that EEOC's guidance should be immediately enjoined as unlawful.