The state of Texas is suing the Biden administration over federal protections for LGBTQ+ students, claiming that the Department of Education overstepped its authority by expanding anti-sex discrimination laws. Texas Attorney General Ken Paxton filed the lawsuit in Amarillo, Texas, in front of a conservative judge known for blocking federal policies. Paxton is seeking to block the Biden administration from enforcing changes to Title IX, a law that prohibits sex-based discrimination in schools that receive federal aid. The lawsuit alleges that the Biden administration violated federal rulemaking procedures when issuing the new rule, which is set to take effect in August.
Texas argued in the complaint that the state’s educational institutions would be harmed if the new rules are allowed to take effect, as they rely on federal funding. The new federal rule aims to prevent discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics. The lawsuit claims that Texas stands to lose funding due to reliance on previous Title IX practice and legal precedent interpreting “on the basis of sex” to mean biological sex, not sexual orientation or gender identity. The Department of Education has yet to comment on the lawsuit.
Earlier this year, federal judiciary proposed measures to curb judge-shopping tactics like what Paxton appears to be doing by filing the lawsuit in front of a sympathetic judge. While cases seeking nationwide or statewide orders are supposed to go through a lottery system, the court in Amarillo has not yet adopted the new proposals. The case is currently assigned to Judge Kacsmaryk, appointed by former President Donald Trump, who has previously ruled against Biden administration efforts to strengthen anti-discrimination protections for LGBTQ+ individuals. The Biden administration has been working to enhance protections for the LGBTQ+ community, with recent changes to Title IX and new anti-discrimination rules in healthcare.
The lawsuit is part of a larger trend of conservative states challenging the Biden administration on related issues, particularly in the area of LGBTQ+ rights. The lawsuit argues that the Biden administration’s changes to Title IX go against established legal precedent and practice, putting federal funding for educational institutions in Texas at risk. The Department of Education is faced with responding to the lawsuit and defending the changes to Title IX, which are set to take effect soon. The case is expected to generate significant attention as it works its way through the legal system, potentially culminating in a decision by the Supreme Court.
The legal battle between Texas and the Biden administration reflects larger political and social divisions in the country over LGBTQ+ rights and protections. The lawsuit highlights the ongoing struggle for equality and inclusivity for LGBTQ+ individuals, particularly in educational settings. The outcome of the lawsuit could have far-reaching implications for anti-discrimination laws and policies nationwide, setting a precedent for how LGBTQ+ rights are protected and enforced in the future. As the case progresses, it will be closely watched by advocates, legal experts, and policymakers alike for its potential impact on LGBTQ+ rights and protections.
