The Biden administration has made groundbreaking revisions to Title IX rules so that they now include protections against discrimination based on sexual orientation and gender identity in education.
Republican Reactions
As a reaction to these new Title IX protections for the transgender community, Republicans have responded with a series of lawsuits against the Biden administration.
What is Title IX
Before we get into the lawsuits against Biden, let’s take a closer look at Title IX and how the newest Presidential administration has expanded it.
Part of the Education Amendments
Originally, Title IX was a federal civil rights law passed as part of the Education Amendments of 1972, which prohibited sex-based discrimination in any education program or activity that received federal funding.
Expanding Title IX
Since becoming law, Title IX’s protections have continuously expanded, and it’s newest additions create protections against discrimination based on gender identity.
Reversing the Reverse
This new reinterpretation reversed Trump-era policies that had rolled back Obama-era directives encouraging schools to accommodate transgender students’ use of bathrooms and participation in sports.
Filing Lawsuits
Several Republican-led states, including Alabama, South Carolina, Florida, Georgia, Texas, Louisiana, Mississippi, Montana, and Idaho, have filed lawsuits against these new rules.
Government Overreach
Some key figures in these cases include Texas Attorney General Ken Paxton and Florida Governor Ron DeSantis, who claim these changes are an overreach of government.
Harming Women
Texas Attorney General Ken Paxton has made statements that fight the changes using a common narrative that such changes harm the rights and safety of women.
Rewriting on a Whim
Attorney General Paxton said, “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.”
All for a Political Agenda
In a similar vein, Louisiana Attorney General Liz Murrill said, “This is all for a political agenda, ignoring significant safety concerns for young women students in pre-schools, elementary schools, middle schools, high schools, colleges and universities across Louisiana and the entire country.”
The Irony of It All
Interestingly, conservatives are using an argument centered around protecting women because this is the exact argument being used against conservatives by people trying to protect women’s right to abortion.
Ending Rowe v. Wade
Just last year, conservatives celebrated the Supreme Court’s decision to overturn Rowe V Wade, which has led many of these same states to create laws that prevent women from getting abortions.
Forcing Women Into Term
This means that many of the same Politicians who claim they are concerned for girls’ safety in schools are partially responsible for laws that force women to follow through with pregnancies despite potentially life-threatening complications.
Redefining Sex
However, some plaintiffs are also arguing that the Biden administration doesn’t have the authority to redefine sex in the Title IX documentation to include gender identity.
Expanding Civil Rights Protections
For these lawsuits to be successful, the courts must determine whether federal agencies have the authority to expand civil rights protections under the existing statutory framework of Title IX.
Critical Parents
Critics, like Paxton and Nicole Neily of Parents Defending Education, argue that these new rules will have a negative impact on the privacy and safety of students.
Free Speech and Parental Rights
Many critics also argue that these new changes could negatively affect American freedom of speech in schools.
Unintended Slights
These critics feel that the expanded definition of “Harassment” in the new Title IX reinterpretation could suppress free speech by labeling even minor or unintended slights as harassment in schools.
The Role of Cabinet Agencies
Nicole Neily, President of Parents Defending Education, said in a statement “The role of Cabinet agencies is to interpret laws as written by Congress – not to redefine the meaning of words to suit a fringe group of activists.”
Profound Effects
Whether or not these arguments will hold any water in court is yet to be seen. Still, the outcomes of these cases could have profound effects on the interpretation of civil rights laws and the rights and safety of transgender students across the United States.
The post Transgender Student Protections Prompt Five Conservative States to Sue Biden Administration first appeared on Pulse of Pride.
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