Florida, along with three other states, has taken a stand against a new Biden administration rule on sex-based discrimination in education programs. In a federal lawsuit filed on Monday, the state specifically focuses on concerns related to sexual orientation and gender identity.
A lawsuit has been filed by the attorneys general of Florida, Alabama, Georgia, and South Carolina, along with four organizations. Their objective is to block a rule that is intended to support the implementation of Title IX, a significant law enacted in 1972 that prohibits discrimination in educational programs on the basis of sex.
The lawsuit claims that the Biden administration has exceeded its legal authority by extending regulations to include discrimination based on sexual orientation and gender identity. It also argues that if implemented, the rule could have implications for matters such as transgender students’ access to bathrooms in schools.
According to Florida Attorney General Ashley Moody, the rule represents a significant departure from the original intent of Title IX.
“We will vehemently oppose this rule to ensure that it achieves what Congress originally intended: providing equal opportunities for all while safeguarding the security and fairness of our biological females,” Moody asserted.
The U.S. Department of Education, in its recent announcement, stated that the new rule will ensure the complete implementation of Title IX’s objective to prevent any form of sex discrimination in education programs that receive federal funding.
“In a prepared statement, U.S. Secretary of Education Miguel Cardona emphasized that Title IX has been a crucial force in ensuring equal educational opportunities for over 50 years, eliminating sex discrimination in schools. He expressed that these final regulations further enhance the legacy of Title IX by emphasizing the importance of safe, inclusive, and respectful learning environments for all students.”
The lawsuit, which spans 84 pages, has been filed in the federal Northern District of Alabama. It claims that the extensive rule infringes upon the Administrative Procedure Act, a law governing administrative processes. The lawsuit further argues that the rule, set to be implemented on August 1, is deemed “arbitrary and capricious.”
The U.S. Department of Education made an announcement about the rule on April 19. Schools, colleges, and universities that receive federal funding must adhere to Title IX.
The rule and subsequent lawsuit emerged following a series of political and legal disputes concerning LGBTQ matters in several Republican-controlled states, including Florida. These conflicts encompassed various issues, including attempts to restrict transgender students from using bathrooms corresponding to their gender identity and barring transgender female students from participating in girls’ and women’s sports teams.
The lawsuit argues that the application of Title IX regulations to matters concerning sexual orientation and gender identity would conflict with the decisions made by the states.
According to the lawsuit, the rule contradicts various laws of the state plaintiffs that pertain to public educational institutions at both the higher education and primary/secondary education levels. These laws cover a range of topics, including harassment, bathroom usage, sports, parental rights, and more. As a result, the lawsuit argues that the rule undermines the state plaintiffs’ capacity to uphold and implement their own laws, while also exerting pressure on them to modify their existing laws and practices.
The U.S. Department of Education has recently published documents on its website stating that the rule regarding participation on sports teams is exempted.
According to one of the documents, the department plans to release a distinct final rule that will address the application of Title IX to sex-separate athletic teams.
The Independent Women’s Law Center, the Independent Women’s Network, Parents Defending Education, and Speech First are the four groups acting as plaintiffs in the case. Cardona is listed as the defendant.
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