Republican-Led States, Conservative Groups Sue Biden Administration Over New Title IX Rules

• A handful of Republican-led states and advocacy groups have filed lawsuits over the Biden administration's new Title IX rules.
• The updated regulations expand the definition of sex-based discrimination to include sexual orientation and gender identity.
• The lawsuits claim the new rules are illegal and undermine the core principles of Title IX.

Several states and conservative groups have filed lawsuits against the Biden administration over new Title IX rules that are scheduled to go into effect Aug. 1, 2024.

Title IX is a civil rights law prohibiting educational institutions receiving federal aid from engaging in sex-based discrimination. The new regulations will replace Trump-era rules from 2020 that addressed sexual misconduct and established requirements for how colleges and universities handle Title IX complaints.

On April 29, the Republican attorneys general of Alabama, Florida, Georgia, and South Carolina filed a lawsuit, arguing that the new rules went against the original purpose of Title IX. They specifically objected to the broader definition of sex-based discrimination. Title IX protections would now include sexual orientation and gender identity, which would benefit LGBTQ+ students.

The states were joined by conservative groups including the Independent Women's Law Center, the Independent Women's Network, Parents Defending Education, and Speech First, Inc.

"The challenged rule redefines 'sex' to include 'gender identity' and 'sexual orientation,' declares unlawful longstanding policies requiring individuals to use bathrooms matching their biological sex, and upends the foundation of women's sports. All illegal," the lawsuit read.

The Human Rights Campaign (HRC) said that stance is "reckless" and "transphobic."

"Failure to comply with the new Title IX rule, which is slated to go into effect on August 1, not only continues to undermine the rights and safety of LGBTQ+ students, but could have damaging financial consequences for schools — and, as a result, all students," HRC said in a statement.

"A handful of politicians, whose sole priority is their own political profile, appear willing to sacrifice the education of millions. Choosing theatrics and hateful rhetoric over protecting and furthering the needs of their state's students is shameful."

The lawsuit also takes issue with the broader redefinition of sex-based harassment to cover conduct that's "severe or pervasive," rather than "severe and pervasive," and argues that the new rules "eliminate procedural safeguards for the accused."

A separate lawsuit filed by the attorneys general of Louisiana, Mississippi, Montana, and Idaho, along with the Defense of Freedom Institute, calls the final Title IX rule "nowhere close to legal" and "an affront to the dignity of families and school administrators everywhere."

Similar to the other lawsuit filed by Alabama, Florida, Georgia, and South Carolina, the Defense of Freedom Institute lawsuit primarily takes issue with including "gender identity" in the definition of sex discrimination, saying that the final rule would prohibit single-sex bathrooms and locker rooms.

"If the Final Rule stands, it will gut the very essence of Title IX and destroy decades of advances in equal educational opportunities, especially for women and girls," the lawsuit reads.

Texas is suing the Biden administration in a third lawsuit filed by Texas Attorney General Ken Paxton.

"Texas will not allow Joe Biden to rewrite Title IX at whim, destroying legal protections for women in furtherance of his radical obsession with gender ideology," Paxton said in a statement.

Several states, including Texas, Oklahoma, and Florida, have also announced they will reject the rules.

In a letter sent to President Biden, Texas Gov. Greg Abbott wrote that Texas would not "adhere to the new rules."

"I am instructing the Texas Education Agency to ignore your illegal dictate," he wrote.

Oklahoma Superintendent of Public Instruction Ryan Walters said in a letter to district superintendents that he believes the new rules are "illegal and unconstitutional."

"There are some serious concerns with the legality of these rule changes, especially as it related to its redefinition of 'sex' to include gender identity," the letter read. "... Please do not make any district policy changes based on the new Title IX regulations.”

Biden's proposed regulations — unveiled in June 2022 on the 50th anniversary of the pivotal legislation — were initially expected by late May 2023 but were rescheduled to October, and later postponed again to March 2024. The Department of Education reviewed over 240,000 public comments before finalizing the rules.