More than 20 red states are taking legal action against the Biden administration’s recent Title IX changes, which redefine sex and expand the definition of sex discrimination to include gender identity. Missouri Attorney General Andrew Bailey expressed concerns about the safety of women and girls being put at risk due to these changes. Other states joining in the lawsuit against the Education Department include Ohio, Kentucky, Virginia, Georgia, Texas, Alabama, Mississippi, Florida, Montana, Tennessee, West Virginia, Louisiana, Indiana, South Carolina, and Idaho. Additionally, States such as Iowa, Missouri, Arkansas, Nebraska, South Dakota, North Dakota, and Oklahoma have filed two additional lawsuits in the battle against these revisions.
Prior to President Biden’s changes to Title IX, the 1972 law was aimed at promoting gender equality and allowed for sex-segregated spaces like bathrooms and locker rooms. Arkansas Attorney General Tim Griffin criticized the Biden administration’s interpretation of the law, stating that it does not align with the statute’s original intent and historical interpretation. Red states are voicing concerns about the potential threat to the First Amendment and the requirement for individuals to conform to a specific language, which could lead to harassment charges. The ongoing legal battles highlight the divide between conservative-leaning states and the federal government over issues related to gender identity and sports participation.
States like Florida and Texas are taking a stand against Biden’s Title IX changes, with Governor Ron DeSantis stating that Florida will not comply and will push back against the administration’s attempt to rewrite Title IX. Texas Governor Greg Abbott also expressed opposition to the new regulations, emphasizing that Title IX was designed to support the advancement of women academically and athletically, based on the fundamental premise of only two sexes: male and female. Conservative lawmakers are urging fellow Republicans to challenge the Biden administration’s revisions through legal channels rather than disregarding the rule of law.
The revised Title IX rules have significant implications for the adjudication of sexual harassment and assault claims on college campuses. The new definition of sex discrimination now includes discrimination based on gender identity and sexual orientation. Schools are prohibited from segregating individuals based on their biological sex, with limited exceptions. Critics are concerned that the changes will allow transgender individuals to access locker rooms and bathrooms that conflict with the sex listed on their birth certificate. LGBTQ+ students who face discrimination under the new standards are entitled to a response from their school under Title IX and can seek federal government intervention if their school fails to address their concerns.
One key point of contention is the absence of a policy preventing schools from imposing outright bans on transgender athletes competing against biological females. The disagreement between conservative states and the Biden administration over how to handle issues related to gender identity and participation in girls’ sports is likely to continue to play out in the courtroom. The ongoing legal battles underscore the deep divisions within the country on matters of gender identity, Title IX protections, and the rights of transgender individuals. The outcome of these lawsuits will have far-reaching implications for how schools, sports organizations, and government agencies navigate issues of sex discrimination and gender identity moving forward.
