Wisconsin among states suing over Obama administration's transgender restroom access directive



MADISON — Wisconsin is joining a multi-state lawsuit against the Obama administration over its directive to public schools to let transgender students use the bathrooms and locker rooms matching their gender identity.


The lawsuit was announced by Texas Gov. Greg Abbott and filed in federal court in Texas on Wednesday, May 25th. Wisconsin is one of 11 states suing the federal government.

"President Obama's attempts to re-write the laws of our country without Congress are not going to be tolerated by Wisconsin," Attorney General Brad Schimel said in a statement.





The Obama administration's directive does not have the force of law, but administration officials have threatened to cut funding to states and school districts that don't comply.

The guidelines came in reaction to North Carolina's law that bans transgender people from restrooms that do not match their sex at birth.

Gov. Scott Walker supported joining the lawsuit, his spokesman said.

"Attorney General Schimel asked to join this lawsuit and Gov. Walker granted the request as this is yet another example of President Obama’s unlawful use of executive power," said Tom Evenson, Walker's spokesman, in an emailed statement.


Before the Obama administration issued its directive, Walker had downplayed the restroom controversy and would not commit to signing North Carolina-style legislation.

"I have not heard a peep one way or the other from anybody other than the media or the one or two people who are interested in those bills one way or the other," Walker told reporters on May 10. "I don’t hear it from everyday citizens."




Supporters of transgender rights applauded Obama's move and say those who oppose it are discriminating against them.



State Rep. JoCasta Zamarripa, who is openly bisexual, said Republicans had "sunk to a new low" with the lawsuit.

"I'm more than disappointed that Attorney General Schimel, the top law enforcement official in the state, who we're supposed to be able to look to for protection, instead chose to use his power to protect bigotry," Zamarippa said in a statement.

Brian Juchems, senior director of Madison-based LGBT advocacy group GSAFE, said the lawsuit would be a waste of Wisconsin taxpayers' money.

"I'm disappointed and embarrassed for our state," Juchems said in a phone interview. "I'm concerned about the message (Schimel) is sending to transgender students."

It was not immediately clear how much Wisconsin would spend on pushing the lawsuit in court.

A bill seeking to ban transgender people from certain restrooms in Wisconsin schools died in the Legislature last session, but its Republican sponsor vows to bring it back.
"The Wisconsin Legislature will take a stand against the bullying and intimidation tactics of the federal government, ensuring that state and local rights are maintained by making the privacy and safety of Wisconsin students of utmost importance," said Rep. Jesse Kremer, R-Kewaskum, in an open-letter written jointly with Sen. Steve Nass, R-Whitewater.
CLICK HERE for a statement from the Wisconsin Department of Justice.