More than 20 red states have filed suit 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, one of the leaders of the coalition, stated that Biden is putting a radical transgender ideology ahead of the safety of women and girls. Several other states, including Ohio, Kentucky, Virginia, Georgia, Texas, Alabama, Mississippi, Florida, Montana, Tennessee, West Virginia, Louisiana, Indiana, South Carolina, and Idaho, have also joined in opposing the “unconstitutional rewrite of Title IX.”
In addition to the original 20 states, seven more states, including Iowa, Arkansas, Nebraska, South Dakota, North Dakota, and Oklahoma, have joined the legal battle against Biden’s revision to Title IX. Before these changes, the 1972 law promoted gender equality and allowed for sex-segregated spaces like bathrooms and locker rooms. Arkansas Attorney General Tim Griffin stated that the Biden administration’s interpretation is inconsistent with the statute and poses a threat to the First Amendment by compelling people to speak in a certain way. The states are considering their options to stop this rule and defend the original intent of Title IX.
While some red states are suing the Biden administration, others are encouraging institutions not to comply with the new regulations. Florida Governor Ron DeSantis rejected Biden’s attempt to rewrite Title IX and stated that the state will not comply. Texas Governor Greg Abbott also announced that his state will not implement the changes, arguing that Title IX was intended to support the advancement of women academically and athletically, based on the fundamental premise that there are only two sexes. Tennessee Attorney General Jonathan Skrmetti urged GOP states to fight back using the courts rather than skipping the legal process.
The new rules revised the ways in which sexual harassment and assault claims are adjudicated on campus, with sex discrimination now including discrimination based on gender identity and sexual orientation. Schools are prohibited from separating people based on their biological sex, except in limited circumstances, under the provisions. Critics are concerned that the change will allow transgender individuals in locker rooms and bathrooms that do not align with the sex on their birth certificate. LGBTQ+ students who face discrimination can seek recourse from the federal government under Title IX.
One key aspect missing from the new rule is a policy forbidding schools from enacting outright bans on transgender athletes competing against biological females. Some conservative lawmakers argue that by refusing to comply with the Biden administration’s revisions to Title IX, Republican officials are undermining the rule of law. However, Tennessee Attorney General Jonathan Skrmetti encouraged fellow GOP states to fight back using the legal process. The controversy surrounding the revised Title IX regulations has sparked debate over the implications of including gender identity and sexual orientation in sex discrimination protections.
