Tom Loftus

Louisville Courier Journal

FRANKFORT, Ky. - Kentucky is joining 11 other states in their lawsuit against the federal government over its transgender bathroom guidelines.

“The federal government has no authority to dictate local school districts' bathroom and locker room policies," Gov. Matt Bevin said in a statement Friday announcing Kentucky will join the case. "The Obama administration’s transgender policy ‘guidelines’ are an absurd federal overreach into a local issue.”

Also in his news release, the Republican governor took a swipe at Democratic Attorney General Andy Beshear.

“Unfortunately, Attorney General Andy Beshear is unwilling to protect Kentucky’s control over local issues," he said. "Therefore, my administration will do so by joining this lawsuit. We are committed to protecting the 10th Amendment and fighting federal overreach into state and local issues.”

Beshear responded that Bevin's statement "is not truthful."

Beshear's statement said, The Office of the Attorney General has been closely reviewing this matter. On the day the federal government issued its guidance, the governor stated he was researching legal options. I expected to be consulted on those options, but my office has not received a single phone call from the governor or his attorneys on this matter ... Sadly, this is another example of the governor's office playing politics instead of trying to work with us."

Reactions run gamut on transgender guidelines

On Wednesday, 11 states filed suit in federal court in Texas contending that the Obama administration's guidance about the rights of transgender students in public schools amounted to a "massive social experiment" that replaces "commonsense policies protecting children and basic privacy rights."

The suit asks that the Obama administration directive be declared unlawful.

The guidance from the U.S. Department of Education and Justice Department was issued May 13 and directs public schools to let transgender students use the bathrooms and locker rooms that match their gender identity.

It was issued after North Carolina and the Justice Department sued each other over a North Carolina law that requires transgender people to use the public bathroom that corresponds to the sex on their birth certificate.

Chris Hartman, director of the Fairness Campaign, said later Friday, "We are deeply disappointed Gov. Bevin has decided to be on the wrong side of history and the law. This lawsuit is nothing but a political stunt and an attack on transgender students, who are among our most vulnerable."

Hartman added, "There have been no disruptions, increases in public safety incidents, nor invasions of privacy related to transgender students using the restrooms that match their gender identity."

But Martin Cothran, spokesman for the Family Foundation of Kentucky, said, "We're thankful that we have a governor who's joining with other states to defend the right of local schools to figure out their own policies on bathroom and locker facilities without the unwelcome and unhelpful intervention of politically motivated bureaucrats, and it's a shame that we have to do it by going around our own attorney general."

Senate President Robert Stivers, R-Manchester, and House Republican Leader Jeff Hoover, of Jamestown, both issued statements later Friday commending Bevin for deciding to challenge the federal guidelines.

Bevin to Obama: Back off on transgender policy

Reporter Tom Loftus can be reached at (502) 875-5136 or tloftus@courier-journal.com.Associated Press contributed to this story.