Five states governed by Republicans have filed a lawsuit against the Biden administration challenging its recent regulations that broaden the scope of Title IX. This federal law aims to safeguard students from gender-based discrimination in educational institutions that receive federal funding. The lawsuit specifically targets the inclusion of transgender students under the protection of Title IX.
Several Republican officials in other states have openly stated that they will not enforce the new rules, although they have refrained from taking legal action.
Texas Attorney General Ken Paxton, a Republican, has filed a lawsuit against the Biden administration on Monday in an effort to prevent the implementation of new rules. These rules aim to prevent schools from discriminating against transgender students and teachers, including denying them access to facilities and using preferred pronouns based on their gender identities. The lawsuit seeks to challenge various policies put forth by the administration.
According to Paxton, the new rules now require “compliance with radical gender ideology.”
According to a statement by Paxton, the state of Texas is determined not to let Joe Biden unilaterally rewrite Title IX and undermine the legal protections for women. Paxton argues that Biden’s focus on gender ideology is extreme and that his attempt to bypass federal law is both illegal and undemocratic. Texas vows to continue leading the opposition against Biden’s policies, which they believe put women in danger.
Republican attorneys general from Louisiana, Mississippi, Montana, and Idaho have filed a lawsuit challenging the rule. They argue that the Education Department has exceeded its authority with this rule, mainly because it broadens the definition of sex to include gender identity.
Louisiana Attorney General Liz Murrill expressed her concerns about a political agenda that overlooks the safety of young women students in various educational institutions. She emphasized that this issue affects pre-schools, elementary schools, middle schools, high schools, colleges, and universities not only in Louisiana but across the entire country.
The request for comment made to the Education Department did not receive an immediate response.
Florida and Oklahoma officials have declared their rejection of the rules.
Republican Governor Ron DeSantis expressed his opposition to Joe Biden’s efforts to amend Title IX in a video shared on social media. He firmly stated that Florida will not comply with these changes and will actively resist them.
Ryan Walters, the superintendent of public instruction in Oklahoma, expressed his strong opposition to the recent actions taken by the Biden administration, deeming them both illegal and unconstitutional. During a news conference on Thursday, Walters made it clear that the state of Oklahoma is actively pursuing all available avenues to counter these measures.
“We have already directed our districts to refuse compliance with this unlawful rule alteration by President Biden,” Walters stated. “We are committed to maintaining the separation of boys and girls in restrooms and we will ensure that boys do not participate in girls’ sports.”
In recent years, there has been a surge in the number of states enacting legislation specifically aimed at transgender students. Approximately half of all states have introduced laws that restrict trans students from participating in school sports teams that align with their gender identities. Additionally, ten states have implemented measures that prohibit transgender school staff and students from using bathrooms that correspond to their gender identities in K-12 schools. These laws have sparked intense debates and discussions surrounding the rights and inclusivity of transgender individuals in educational settings.
The Education Department has recently implemented new Title IX rules, which solidify the 2021 guidance. This guidance directs schools to interpret the federal law in a way that safeguards LGBTQ students against discrimination rooted in their sexual orientation or gender identity. The directive represents a significant shift from the policies of the previous administration, which sought to roll back Obama-era guidance that permitted transgender students to utilize school facilities corresponding to their gender identities.
In September 2021, a group of 20 states led by Republican lawmakers filed a lawsuit. As a result, in July 2022, a federal judge issued a temporary block on the Education Department’s enforcement of the guidance in those states.
The new guidance does not specifically tackle the issue of trans students’ involvement in school sports. However, both Paxton and Walters, who are Republican officials, brought up this concern in their statements. In April 2023, the Education Department introduced a proposed rule aiming to modify Title IX. This rule would prohibit outright bans on trans students participating in sports teams that correspond with their gender identities. However, it would allow for some limitations in more competitive levels of sports, like high school and college. Initially, the department intended to release this rule in March, but it has experienced several delays.
