Dear Attorney General Lynch and Secretary King,
On May 13, 2016, the United States Department of Education ("ED") and Department of Justice ("DOJ") released significant guidance regarding the ED and DOJ's interpretation of Title IX's prohibition of sex discrimination in educational programs and activities operated by recipients of Federal financial aid. This guidance expands the ED and DOJ's interpretations of sex discrimination to include not only an individual's biological sex, but also an individual's internal sense of gender.
Specifically, the guidance states that:
"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. The Departments treat a student's gender identity as the student's sex for purposes of Title IX and its implementing regulations. This means that a school must not treat a transgender student differently from the way it treats other students of the same gender identity."
Considering this guidance, please:
Clarify specifically all actions that the ED and DOJ, jointly or separately, will take against or regarding a teacher, school administrator, educator, school contractor, or person volunteering at a school who does not comply with this guidance;
Detail whether the ED and DOJ will recognize or accommodate rights of conscience and privacy in an individual's or institution's non-compliance with this guidance;
List all actions that the ED and DOJ, jointly or separately, will take against or regarding a school, school district, or state in which a teacher, school administrator, educator, school contractor, or person volunteering at a school does not comply with this guidance;
Detail all actions that a school, teacher, school contractor, and person volunteering must take to be in compliance with this guidance;
Confirm whether ED and DOJ consider this guidance to be legally binding and whether ED and DOJ will report this guidance to Congress;
Delineate the statutory authority under which ED and DOJ issued this guidance;
Explain why schools must disregard the privacy, "discomfort," and emotional strain imposed on other students during use of bathroom, showering, and changing facilities and overnight accommodations as these schools comply with this guidance; and
Explain to what extent teachers, guidance counselors, school administrators, and parents and guardians of students were consulted regarding the implementation and effect of this guidance.
We expect a reply by May 30, 2016, and we look forward to your response.
Sincerely,
Representative Mark Walker
Representative Jeff Duncan
Representative Paul Gosar
Representative Gary Palmer
Representative Joe Pitts
Representative Richard Hudson
Representative Jim Bridenstine
Representative Doug Collins
Representative Gregg Harper
Representative Buddy Carter
Representative Stephen Fincher
Representative Trent Kelly
Representative Brian Babin
Representative Dave Brat
Representative Steve Chabot
Representative Kevin Cramer
Representative Bill Huizenga
Representative Barry Loudermilk
Representative David Rouzer
Representative Luke Messer
Representative John Ratcliffe
Representative Markwayne Mullin
Representative Robert Pittenger
Representative Vicky Hartzler
Representative Daniel Webster
Representative Doug Lamalfa
Representative Bill Flores
Representative Mark Meadows
Representative Scott DesJarlais
Representative Mike Rogers
Representative Bill Posey
Representative Jody Hice
Representative Jason Chaffetz
Representative Mia Love
Representative Andy Barr
Representative Trey Gowdy
Representative Darin LaHood
Representative Randy Neugebauer
Representative Evan Jenkins
Representative Lamar Smith
Representative Peter Roskam
Representative Kristi Noem
Representative Adrian Smith
Representative Mick Mulvaney
Representative George Holding
Representative John Fleming
Representative Jeb Hensarling
Representative Thomas Massie
Representative Steve King
Representative Pete Olson
Representative Glenn Grothman
Representative Sam Johnson
Representative Steve Pearce
Representative Mike Conway
Representative Mike Bost
Representative Randy Weber
Representative Andy Harris
Representative Bob Gibbs
Representative Bruce Westerman
Representative Walter Jones
Representative Marlin Stutzman
Representative Austin Scott
Representative Trent Franks
Representative John Moolenaar
Representative Randy Hultgren
Representative Rob Bishop
Representative Ralph Abraham
Representative Diane Black
Representative John Duncan
Representative Keith Rothfus
Representative Rick Crawford
Representative Jackie Walorski
Representative Cynthia Lummis
Representative Jason Smith
Representative Mike Kelly
Representative Chris Stewart
Representative Cathy McMorris Rodgers
Representative Jim Jordan
Representative Tim Huelskamp