Arizona Joins Texas in Lawsuit to Stop Federal Overreach

In response to a letter from Arizona lawmaker Representative Bob Thorpe (R-LD6), Arizona Attorney General Mark Brnovich and State Superintendent of Public Instruction Diane Douglas announced that Arizona will Join Texas in a Lawsuit to Stop Federal Overreach. Co-signers of Rep. Thorpe’s letter included Sen. Sylvia Allen (R-LD6), and Representatives Brenda Barton (R-LD6), Paul Boyer (R-L20), Karen Fann (R-LD1), Mark Finchem (R-LD11), Anthony Kern (R-LD20), and Vince Leach (R-LD11). (Please express your thanks to Bob Thorpe and the other legislators who signed his letter, as well as Mark Brnovich and Diane Douglas. See email addresses below.)

The COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF concerns the May 13, 2016 "Joint Guidance" issued by the U.S. Departments of Justice and Education relating to requiring public schools that receive federal funding to allow transgender students to use whatever restroom or locker room they wish, based on how they identify their gender.

The threat to withdraw federal funding from any school that doesn’t comply is very clear in this sentence: "Under Title IX of the Education Amendments of 1972, schools receiving federal money may not discriminate based on a student’s sex, including a student’s transgener status."

Along with their "Joint Guidance," statement both federal agencies also released a May 13 "Dear Colleague Letter on Transgender Students." .

Here’s the threat to deny federal funding to any state that doesn’t comply: "As a condition of receiving Federal funds, a school agrees that it will not exclude, separate, deny benefits to, or otherwise treat differently on the basis of sex any person in its educational programs or activities unless expressly authorized to do so under Title IX or its implementing regulations.".

Arizona receives anywhere from 10% to 15% of its total revenues for K-12 education from the federal government. This is about $1.1 billion annually.

According to Gilbert School Board member Julie Smith, "Most federal funds are only used to benefit low income students (social workers, free/reduced meals, before/after school care/programs, pre-K programs) and ELL (English Language Learners). In other words, the transgender mandate, if not complied with, will hurt the least affluent communities/schools/students, you know the ones that Obama/Democrats ‘care’ about." Ms. Smith is pleased that the state of Arizona has joined other states in a lawsuit against President Obama over his Administration’s transgender bathroom mandate for public schools. She stated, "If the Gilbert Public Schools Governing Board was asked to join the lawsuit, I would agree without hesitation".

How much in tax dollars does Arizona send to the federal government to support the U.S. Department of Education? The USDOE, which includes 5,000 employees, has an annual budget of $73 billion. On average, the taxpayers from each state contribute $1.5 billion per year to the USDOE.

Please send a thank you to the following:

Rep Bob Thorpe: BThorpe@azleg.gov

Sen Sylvia Allen: SAllen@azleg.gov

Rep Brenda Barton: BBarton@azleg.gov

Rep Paul Boyer: PBoyer@azleg.gov

Rep Karen Fann: KFann@azleg.gov

Rep Mark Finchem: MFinchem@azleg.gov

Rep Anthony Kern: AKern@azleg.gov

Rep Vince Leach: VLeach@azleg.gov

Attorney General Mark Brnovich: Mark.Brnovich@azag.gov

Superintendent of Public Instruction Diane Douglas: Diane.Douglas@azed.gov