Title IX Rule Change on Gender Triggers Lawsuits From 15 States

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At least 15 states have sued the Biden administration for changes to the 1972 civil rights law meant to protect females from discrimination.

Republican-led states are suing the Biden administration and advising schools to ignore the new federal Title IX changes that expand sex discrimination protection to students who identify as the opposite sex, or transgender.

The rule change, published on April 19, formalizes the Department of Education’s redefinition of the meaning of sex to include gender identity.

The changes, which go into effect Aug. 1, give males identifying as female the right to use female restrooms, locker rooms, and join female-only organizations. Under the new rule, “harassment” can include the use of biologically accurate pronouns.

Title IX is a landmark 1972 civil rights law meant to protect females from discrimination based on sex in federally funded educational programs and provide them equal opportunities.

Schools and colleges that fail to comply with Title IX stand to lose federal dollars.

This week, 15 states have filed lawsuits accusing the federal government of overreach and changing the nature of the original law.

“I’m going to be really clear. President Biden deciding to rewrite Title IX is one of the most radical and illegal moves we’ve ever seen from the federal government,” Oklahoma State Superintendent Ryan Walters said at a state board meeting in April.

“It’s an attack on our states. It’s an attack on our families. And it’s an attack on our young women and girls,” he said.

Governors and education chiefs in Texas, Oklahoma, Florida, Louisiana, Montana, and South Carolina have also told their school districts to ignore the new definition.

In a letter to President Biden, Texas Gov. Greg Abbott rebuked the president’s “abuse of authority.”

“I am instructing the Texas Education Agency to ignore your illegal dictate,” Mr. Abbott, a Republican, wrote. 

“Your rewrite of Title IX not only exceeds your constitutional authority, but it also tramples laws that I signed to protect the integrity of women’s sports by prohibiting men from competing against female athletes.”

By Darlene McCormick Sanchez

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