Five Republican-led states, including Texas, have filed lawsuits against the Biden administration over new rules expanding Title IX to protect transgender students in federally funded schools. Texas Attorney General Ken Paxton labeled the rules as an attempt to mandate compliance with “radical gender ideology” and stated that Texas will oppose the Biden administration’s policies that put women at risk. Republican attorneys general in Louisiana, Mississippi, Montana, and Idaho have also filed lawsuits arguing that the Education Department’s authority has been exceeded by redefining sex to include gender identity.
Officials in Florida and Oklahoma have publicly announced their rejection of the new Title IX rules. Florida Governor Ron DeSantis stated that the state will not comply with Biden’s attempt to rewrite Title IX and will fight back against the rules. Oklahoma’s superintendent of public instruction, Ryan Walters, stated that the state is pursuing all actions to oppose what they deem as an illegal and unconstitutional move by the Biden administration, instructing districts not to comply with the rule change and vowing to not allow boys in girls’ restrooms or sports.
An increasing number of states have passed laws targeting transgender students, with half of the states passing measures that ban trans students from playing school sports on teams aligning with their gender identities. Additionally, ten states have prohibited trans school staff and students from using bathrooms consistent with their gender identities in K-12 schools. The new Title IX rules codify 2021 guidance from the Education Department that aimed to protect LGBTQ students from discrimination based on sexual orientation or gender identity, reversing a Trump administration policy that rolled back Obama-era guidance allowing trans students to use facilities that align with their gender identities.
In September 2021, 20 Republican-led states sued over the 2021 guidance, resulting in a federal judge temporarily blocking the Education Department from enforcing it against those states in July 2022. The new guidance does not address trans students’ participation in school sports specifically, but the Education Department proposed a rule in April 2023 that would change Title IX to prevent blanket bans on trans students competing on sports teams aligning with their gender identities. However, some restrictions would be permitted in more elite levels of sports competition, such as high school and college.
The controversy surrounding the expansion of Title IX to protect transgender students highlights the ongoing debate over LGBTQ rights and gender identity issues. As Republican-led states continue to oppose the new rules and take legal action against the Biden administration, the conflict between federal protections for transgender students and the concerns of some officials regarding safety and fairness in school settings remains unresolved. The delays in the implementation of the proposed rule changes further complicate the situation, leaving transgender students, schools, and state governments in a state of uncertainty regarding the application of Title IX protections in education.
