Wil. Attorney Thomas S. Neuberger (Left) and Del. State Sen. Bryant Richardson (Photo courtesy The Neuberger Firm/.delawaresenate.com)
WILMINGTON- A lawyer and republican state senator filed a complaint with the civil rights division of the US Department of Justice for non-compliance with Title IX and the Equal Protection Clause, regarding transgender girls participating in sports.
DE State Sen. Bryant Richardson and Wilmington attorney Thomas Neuberger filed a complaint with the U.S. Department of Justice, requesting that it terminate federal education funding in Delaware unless school districts comply with President Donald Trump’s “Keeping Men Out Of Womens’ Sports,” directive issued in February.
The complaint, filed last week, requests that Delaware either agree to follow Title IX as interpreted by the president, or face a federal investigation that could lead to funding cuts.
“The President has said, either obey what we say is the proper reading of Title IX, or you’re going to lose tens of millions of dollars of your federal funding, or we’ll see you in court,” said Thomas Neuberger.
Richardson and Neuberger have a history of opposing transgender girls competing in girls’ sports. The senator has twice attempted to introduce a bill for a statewide ban, while Neuberger has pursued a ban through the Delaware Interscholastic Athletic Association.
If Delaware refuses to comply, Neuberger says it could face funding cuts or legal battles.
“If they’re not willing to enter into a binding agreement that they’re willing to obey the law, then there has to be an investigation, and this can result in the termination of all that federal funding,” he said.
Neuberger bases his complaint on the Equal Protection Clause of the 14th Amendment, which states that no state can deny equal protection under the law to any person within its jurisdiction. The clause was added to the Constitution after the Civil War to prevent discrimination and ensure due process.
“If you’re pushing girls out of female sports, you’re preferring boys over girls,” he said.
Neuberger referenced past legal battles over sex discrimination in sports, dating back to the 1970s, and that he has experience with these matters for decades.
“I’ve been doing Title IX since the 70s, and 50 years ago, they didn’t have girls’ sports in Delaware.”
The argument Neuberger presents is that allowing transgender girls to compete in female sports effectively eliminates girls’ sports due to perceived biological advantages, which he says is a form of “sex discrimination.”
A recent court ruling in Kentucky struck down some of Biden’s Title IX rulings, resulting in the district court judge issuing a nationwide injunction saying that it violated of terms of Title IX.
Neuberger criticized the Biden administration’s interpretation of a past Supreme Court decision related to employment law as justification for transgender inclusion in sports.
“They took some convoluted reading of a Supreme Court case in the employment discrimination area-and they said that precedent will now apply to girls’ sports,” he said.
Neuberger says that civil rights laws have been “hijacked” by other minority groups, taking away from the original focus on African American justice, and that focusing on transgender rights distracts them from more urgent racial justice issues.
Though Neuberger believes he has a strong argument to support the complaint, other’s believe this is just a matter of a deeper issue, which puts personal beliefs before what is best for Delaware students.
DE State Rep. Melissa Minor-Brown (Speaker of the House) wrote a statement regarding Richardson and Neuberger’s complaint:
Representative Melissa Minor-Brown (Photo: legis.delaware.gov)
“Senator Richardson may deny requesting the U.S. Department of Justice to cut funding to Delaware schools, but his lawsuit clearly states otherwise. This issue isn’t a debate over which students should be allowed on which sports teams – this is about a much deeper moral issue.
By prioritizing his personal beliefs over the education and well-being of our students, Senator Richardson is making a conscious choice to deny our children the tools they need to succeed. I find this completely shameful and I’m sure that if this funding stream were to be halted, every person standing for and supporting his unjust request would change their tone immediately.
I stand with the schools who put the wellbeing of their students above pressure from the federal government, and with the students, faculty, and families across the country who have been speaking up against injustices.”
Source: delawarelive.com…