The Biden administration’s new federal regulation protecting the rights of transgender students in schools is facing challenges from seven more Republican-led states. These states argue that the regulation, which seeks to clarify Title IX and extend protection to transgender students, is unconstitutional. The lawsuits have been filed in federal courts in Missouri and Oklahoma, with Arkansas, Iowa, Nebraska, North Dakota, and South Dakota joining as plaintiffs in the Missouri case. The states claim that the new rules go beyond the original intent of Title IX and that the Biden administration does not have the authority to implement them.
Many Republicans are seeking to limit the rights of transgender youth, including restrictions on which bathrooms or pronouns they can use in school. The new federal regulation could invalidate these prohibitions, leading to the opposition from GOP states. Arkansas Attorney General Tim Griffin criticized the administration’s interpretation, calling it inconsistent with the statute and previous interpretations. The number of Republican-led states challenging the new rules has now reached at least 21, with officials in some states expressing reluctance to comply.
The federal regulation applies to all schools that receive federal funding, but some states, including Arkansas, have announced that they do not plan to follow the new rules. The U.S. Department of Education has refrained from commenting on the pending litigation. In addition to the states, an Arkansas high school athlete named Amelia Ford has joined the Missouri case, expressing her belief that transgender women should not be allowed to compete on women’s sports teams. While the new rules protect against discrimination based on sex, they do not provide guidance on transgender athletes, leading to further complications in the lawsuits.
Several other lawsuits have been filed in federal courts in Texas, Alabama, Louisiana, and Kentucky, challenging the new federal regulations. With multiple challenges from different states, there is a possibility that one of these cases will put the rule on hold nationally. The states suing are seeking to halt the implementation of the Biden administration’s new rules that extend protection to transgender students under Title IX, while also addressing issues related to transgender athletes in school sports. The legal battles over these regulations highlight the continued debate and controversy surrounding LGBTQ rights and protections in the United States.
