Even after the U.S. Supreme Court overruled prohibitions against gay marriage, Peterson went back to court to prevent a dying woman from recovering legal costs in her suit to require Nebraska to recognize her same sex marriage.
"Today, Nebraska, along with nine states, filed an action in Nebraska federal court challenging the U.S. Department of Education and the U.S. Department of Justice's recent mandate changing current Title IX law regarding how schools assign students to showers, locker rooms, and restroom facilities.From the New York Daily News:
Current state law and federal regulations allow schools to maintain separate facilities based upon sex.
The recent action by these two federal agencies to require showers, locker rooms, and bathrooms be open to both sexes based solely on the student's choice, circumvents this established law by ignoring the appropriate legislative process necessary to change such a law.
It also supersedes local school districts' authority to address student issues on an individualized, professional and private basis.
When a federal agency takes such unilateral action in an attempt to change the meaning of established law, it leaves state and local authorities with no other option than to pursue legal clarity in federal court in order to enforce the rule of law.
Nebraska was also joined by the following states: Arkansas, Kansas, Michigan, Montana, North Dakota, Ohio, South Carolina, South Dakota, and Wyoming."
The Nebraska lawsuit hinges on the terms "sex" and "gender identity," saying federal law uses only the term "sex."Buzzfeed's Chris Geidner says the Nebraska-initiated lawsuit is very similar to the claims raised in a Texas-led suit over the same issue, "often repeating the same exact [sic] language."
"Neither the text nor the legislative history of Title IX supports an interpretation of the term "sex" as meaning anything other than one's sex as determined by anatomy and genetics," the lawsuit says.
Below is the complaint in its entirety, filed in federal district court today in Nebraska: