The state of Texas is taking legal action against the Biden administration over new federal protections for LGBTQ+ students. Texas Attorney General Ken Paxton filed a lawsuit in Amarillo, Texas, alleging that the Department of Education overstepped its authority by expanding the scope of Title IX, a federal law that prohibits sex-based discrimination in schools that receive federal aid. The lawsuit was strategically filed in front of a conservative judge with a history of issuing nationwide injunctions against federal policies.
Paxton is seeking to block the Biden administration from enforcing changes to Title IX, claiming that the administration violated federal rulemaking procedures when issuing the new rule. The new federal rule aims to curb discrimination based on sex stereotypes, sexual orientation, gender identity, and sex characteristics, and is set to take effect in August. Texas argues that its educational institutions rely on federal funding and will be harmed if the new rules are allowed to take effect, as they interpret “on the basis of sex” to mean biological sex, not sexual orientation or gender identity.
The case filed by Texas with Judge Matthew Kacsmaryk is part of a larger issue regarding judge-shopping, the practice of strategically filing lawsuits in courthouses where sympathetic judges are likely to hear the case. The federal judiciary recently issued a proposal to curb judge-shopping, but the court in Amarillo, where the lawsuit was filed, has not adopted the new proposals. Kacsmaryk, a Trump appointee, has a history of ruling against Biden administration efforts to strengthen anti-discrimination protections for LGBTQ+ individuals in health care, further escalating the legal battle between Texas and the administration.
The Biden administration has been actively working to improve protections for the LGBTQ+ community, with the Title IX changes being just one of several recent initiatives. The Department of Health and Human Services also unveiled new anti-discrimination rules in health care, describing them as a significant step towards a more equitable and inclusive health care system. These efforts are part of a broader push by the administration to strengthen protections and rights for LGBTQ+ individuals across various sectors.
The legal battle between Texas and the Biden administration highlights the ongoing tensions surrounding LGBTQ+ rights and protections in the United States. With conflicting interpretations of Title IX and the implications of the new federal rule, the case will likely have far-reaching consequences for educational institutions in Texas and beyond. As both sides present their arguments in court, the outcome of this lawsuit could impact the future of LGBTQ+ rights and anti-discrimination efforts in the country. The involvement of conservative judges and the ongoing efforts by the Biden administration to strengthen protections for the LGBTQ+ community further add complexity to this legal dispute.
