Red States File Lawsuits Against Biden’s Title IX Changes Redefining Sex

Following the Biden administration’s recent Title IX changes redefining sex and expanding the definition of sex discrimination to include gender identity, more than 20 red states have filed lawsuits. Missouri Attorney General Andrew Bailey expressed concerns about the safety of women and girls, calling the changes a perversion of the law that prioritizes radical transgender ideology over their well-being. Bailey emphasized his personal connection to the issue as a father of a young daughter and expressed pride in leading a coalition of states opposing the unconstitutional rewrite of Title IX. Other states joining the legal battle include Ohio, Kentucky, Virginia, Georgia, Texas, Alabama, Mississippi, Florida, Montana, Tennessee, West Virginia, Louisiana, Indiana, South Carolina, and Idaho. In the past week, Iowa, Missouri, Arkansas, Nebraska, South Dakota, North Dakota, and Oklahoma have joined the fray with two additional lawsuits. Prior to Biden’s revisions, the 1972 Title IX law promoted gender equality and provided for sex-segregated spaces such as bathrooms and locker rooms. Arkansas Attorney General Tim Griffin criticized the Biden administration’s interpretation as inconsistent with the statute and its historical interpretation. He expressed concern about the threat the rule poses to the First Amendment by compelling individuals to conform to specific speech or face harassment charges. Conservative groups like Moms for Liberty have condemned the Title IX overhaul, arguing that it undermines parental rights and endangers children. Florida and Texas have taken a strong stance against the new regulations, with Governor Ron DeSantis vowing non-compliance and Governor Greg Abbott declaring that the state will not implement the changes. The new rules revise the adjudication of sexual harassment and assault claims on campus and prohibit schools from separating individuals based on biological sex, except in limited circumstances. Critics fear that this change will allow transgender individuals to access locker rooms and bathrooms that do not align with their birth certificate sex. LGBTQ+ students facing discrimination under the new standards are entitled to a response from their school under Title IX, with the option to seek recourse from the federal government if the school fails to address their concerns. Notably, the new rule lacks a policy prohibiting schools from implementing outright bans on transgender athletes competing against biological females.

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