America First Legal Achieves Monumental Victory for Religious Liberty and the Undisputed Definition of Biological Sex In Its Lawsuit Against The Federal Government’s Illegal Guidance on Transgender Employees

Tuesday, November 2, 2021

WASHINGTON, DC On Sunday, America First Legal (AFL) secured monumental victories for its clients in a class-action lawsuit against the U.S. Equal Employment Opportunity Commission’s (EEOC) attempt to erase both the First Amendment and the reality of biological sex in the name of gender identity. 

In a 70-page opinion, the U.S. District Court for the Northern District of Texas rejected the Biden Administration’s arguments that Americans’ rights to religious freedom and free association must give way to its radical gender-identity policies. Instead, the Court upheld business owners’ right to have and enforce codes of employee sexual conduct reflecting Biblical values, to have and enforce sex-specific dress codes, and to have and enforce policies that promote privacy, such as requiring the use of separate bathrooms, on the basis of biological sex.

The lawsuit targets EEOC “guidance documents” claiming that Title VII prohibits employment discrimination on account of sexual orientation or gender identity, with no religious exemptions for anyone. EEOC has been using these guidance documents to sue Christian-owned businesses that do not conform to the EEOC’s transgender edicts, which compel employers to “allow employees into restrooms that correspond to the employees’ gender identity, no matter the individual’s biological sex, whether the individual has had a sex-change operation, or whether other employees have raised objections or privacy concerns.”

Statement From America First Legal President Stephen Miller:

America First Legal has obtained a landmark victory in the fight against radical gender ideology and the effort to impose that ideology on all workplaces across the United States. The Court ruled, among other things, that all employers can maintain sex-specific bathrooms that comport with biological reality, and that the First Amendment protects the right of religious business operators to set policies for their organizations. While we have much work to do in restoring civil rights in the face of radical gender ideology, the Court’s ruling in our lawsuit against the federal government represents a historic step forward towards sanity and fairness in the workplace,” Stephen Miller said.

The case is Bear Creek Bible Church, et al. v. EEOC, No. 4:18-cv-00824 (N.D. Tex.).

Read the Memorandum Opinion and Order here.

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