Five Republican-Led States File Lawsuits Against Biden Administration on Expansion of Title IX Regulations

Five Republican-Led States lawsuits Biden administration Expansion of Title IX Regulations transgender students Gender Identity lgbtq sexual orientation

By Jackelyn Cornejo , Parent Herald Apr 30, 10:45 am

Photo: (Photo : Kevin Dietsch/Getty Images )

Five states with Republican leadership have taken legal action versus the Biden administration over its growth of Title IX regulations to safeguard transgender students.

Lawsuits Filed Against Biden Administration on Expansion of Title IX Regulations

Among them, Texas Attorney General Ken Paxton filed a lawsuit to bar the rules, disagreeing against what he views as a deception of "radical gender ideology."

Republican attorneys general from Louisiana, Mississippi, Montana, and Idaho also filed a different lawsuit, arguing that the rules exceed the Education Department's authority by reconsidering sex to include gender identity.

Meanwhile, Florida and Oklahoma have asserted their refusal of the rules, with Florida Governor Ron DeSantis saying they will not obey and Oklahoma's superintendent of public instruction vowing to obstruct the move through all available means.

These actions come amid an expansive national debate, with a raised number of states passing laws targeting transgender students, specifically regarding cooperation in school sports and access to bathrooms dependable with their gender identities.

The new Title IX rules, which stem from 2021 guidance circulated by the Education Department to safeguard LGBTQ students from bias, present a reversal of Trump-era policies and have sparked legal and political pushback from Republican-led states.

Protecting Rights of Transgender Students in Schools

Several Republican state attorneys general are competing for a federal regulation intended to protect the rights of transgender students in the country's schools.

This regulation blocks blanket policies that prevent transgender students from using school bathrooms that coincide with their gender identity, among other provisions.

These officials contend that the new policies could hurt women and girls, infringe upon free speech rights, and demand burdens on states that have lately passed conflicting laws.

Louisiana Attorney General Liz Murrill described the regulation as an unprecedented instance of federal government overreach.

Lawsuits have been filed in multiple federal courts by states including Alabama, Florida, Georgia, South Carolina, Texas, Idaho, Louisiana, Mississippi, and Montana, seeking to delay the regulation's scheduled implementation on August 1.

The states argue that the regulation, if left unchallenged, could invalidate existing state laws and preempt proposed legislation, affecting all federally funded schools.

They claim that the regulation mandates the use of pronouns based on a student's claimed gender identity, eliminates single-sex facilities, and threatens female sports.

Although the regulation does not directly address sports participation, the lawsuit argues that it would have implications for such policies.

Despite previous plans by President Biden's administration to prohibit outright bans on transgender girls in girls' sports, this was not included in the regulation.

The regulation also raises questions about laws protecting individuals from discipline for using incorrect pronouns for transgender or non-binary students.

Some states, including Texas, have instructed school districts not to alter their anti-sex discrimination policies in response to the new regulation.

Given the political sensitivity of the issue, conservative states are predictably challenging the regulation through legal action, reflecting broader debates over transgender rights in this presidential election year.