Former University of Kentucky swimmer Riley Gaines criticized President Joe Biden’s Title IX overhaul, calling it the “most anti-woman” pursuit of his administration. She expressed concern about the inclusion of LGBTQ+ students and changes to the adjudication process for sexual harassment and assault claims on campus. Gaines highlighted instances where males are participating in women’s athletic competitions, taking spots on women’s teams, and entering women’s locker rooms, leading to the loss of opportunities for female athletes. She emphasized the need for sex-based protections in women’s sports and spaces to ensure fairness and opportunities for women and girls.
The administration’s new rules under Title IX protect against discrimination based on sex, but they do not provide guidance on transgender athletes. Several Republican states, including Tennessee, West Virginia, Kentucky, Virginia, Ohio, and Indiana, filed a lawsuit challenging the new provisions and questioning the authority of the rewrite. The lawsuit argues that expanding the definition of sex discrimination to include gender identity is not consistent with the text of the statute and violates the separation of powers. State officials believe that the new rules threaten women’s privacy, security, fairness in sports participation, and raise First Amendment and federalism concerns, prompting them to push back against the policy despite the risk of losing federal funding.
Tennessee Attorney General Jonathan Skrmetti emphasized the importance of states resisting what they view as a radical rewrite of Title IX laws, even if it means potentially losing federal education funding. He stressed that the federal government should not be able to impose unlawful interpretations on states, as they play a critical role in the constitutional governance system. Skrmetti and West Virginia Attorney General Patrick Morrisey highlighted the need for states to challenge the new provisions to protect women and girls’ opportunities in sports and spaces, as well as to uphold states’ rights in the face of federal overreach.
The lawsuit filed by the six states aims to challenge the expanded definition of sex discrimination under Title IX, specifically in relation to gender identity, arguing that it goes against the established laws and principles of the American government. Skrmetti and Morrisey emphasized the impact of these changes on women’s sports, spaces, and opportunities, as well as the broader implications for fairness, justice, privacy, and federalism. The states involved in the lawsuit are taking a stand against what they perceive as a radical policy, urging other states to join them in resisting the federal government’s attempts to impose such interpretations that could undermine women and girls’ rights and freedoms.
Gaines and other critics of the Title IX overhaul believe that allowing males to compete in women’s sports is unfair, discriminatory, and regressive, leading to the loss of opportunities for female athletes. They argue that the new provisions threaten the integrity of women’s sports and spaces, reinforcing the need for sex-based protections to ensure fairness and equal opportunities for women and girls. The lawsuit filed by the six states, supported by prominent figures like Skrmetti and Morrisey, is part of a broader effort to challenge what they view as a dangerous precedent that could have far-reaching consequences for the rights and freedoms of women and girls across the country.
