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Former University of Kentucky swimmer Riley Gaines criticized President Biden’s overhaul of Title IX, calling it the “most anti-woman” pursuit of his administration. Six other states, including Tennessee and West Virginia, filed a lawsuit challenging the new provisions, which aim to protect LGBTQ+ students and change the adjudication of sexual harassment and assault claims on college campuses. Gaines expressed concern about males entering women’s athletic competitions and taking spots on women’s teams, as well as the impact on women’s spaces like locker rooms. She emphasized the need for sex-based protections to ensure fair opportunities for women and girls in sports.

The new rules introduced by the Biden administration protect against discrimination based on sex, but do not provide guidance on transgender athletes. Republican states argue that the rules could be interpreted as supporting transgender athletes, and challenge the authority of the rewrite. Tennessee Attorney General Jonathan Skrmetti stated that the expansion of Title IX to include gender identity is not consistent with the text of the statute, asserting that federal agencies cannot rewrite laws created by Congress. West Virginia Attorney General Patrick Morrisey expressed concerns about the impact of the new rules on women’s privacy, security, fairness, and justice in sports, as well as potential First Amendment and federalism issues.

Despite the risk of losing federal education funding, Skrmetti emphasized the importance of states pushing back against the “radical rewrite” of Title IX. He urged all states to reject the unlawful interpretations imposed by the federal government, stating that states play a critical role in constitutional governance and should not allow the federal government to disregard states’ rights. Morrisey also highlighted the need for collective action by the states to combat the new policy, emphasizing issues such as women’s privacy, security, and fairness in sports as reasons for opposition. The lawsuit, filed by six states including Tennessee, West Virginia, and Kentucky, challenges the expansion of Title IX to include gender identity.

Gaines, who hosts the “Gaines for Girls” podcast, expressed concerns about males participating in women’s sports and emphasized the need for sex-based protections to ensure fair opportunities for female athletes. She criticized the administration’s approach to Title IX, stating that allowing males to compete in women’s sports is discriminatory, unfair, and regressive. Gaines highlighted instances where male athletes have taken trophies, medals, and titles from female athletes, leading to significant harm to women and girls in various sports. She commended the attorney generals for their efforts to protect women and girls in sports, spaces, and opportunities, asserting that the fight for sex-based protections must continue.

The lawsuit filed by the six states challenges the new provisions of Title IX introduced by the Biden administration. Tennessee Attorney General Skrmetti argued that the expansion of Title IX to include gender identity goes against the text of the statute and violates the separation of powers in American government. West Virginia Attorney General Morrisey raised concerns about the impact on women’s privacy, security, and fairness in sports as well as potential First Amendment and federalism issues. Despite the possible consequences of losing federal funding, Skrmetti stressed the importance of states pushing back against what he described as a “radical rewrite” of Title IX and the need to protect women’s rights and opportunities in sports.

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