Title IX Rule Change on Gender Triggers Lawsuits From 15 States

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.

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

“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.”

Federal vs. State

The Biden administration heralded the rule change as inclusive and a matter of fairness for all students.

“For more than 50 years, Title IX has promised an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination,” Secretary of Education Miguel Cardona said in an April statement.

“These final regulations build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights,” he said.

The American Civil Liberties Union’s deputy legal director Louise Melling applauded the definition change to include young people who identify as transgender.

“At a critical time, when trans youth are being used by politicians as a punching bag, the final rule issues an important reminder that schools cannot discriminate based on gender identity, transgender status, or sexual orientation,” he said.

On the other hand, the rule changes clash with laws in at least 11 conservative states that prohibit gender-confused males from using female facilities.

Laws requiring students to use the restroom corresponding to their sex are on the books in Alabama, Arkansas, Florida, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, and Tennessee. Utah’s new bathroom law will go into effect July 1. Idaho’s law was placed on hold by a judge.

Some Republican-led states also require schools to notify parents if their student identifies as transgender and some have banned schools from forcing staff to use pronouns preferred by transgender students.

The federal rule revision appears to allow parental notification, stating that “nothing in these final regulations prevents a recipient from disclosing information about a minor child to their parent who has the legal right to receive disclosures on behalf of their child.”

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti, a Republican, said in a statement on the lawsuit.

“In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms,” he said.