More than half of states sue against Biden’s Title IX rule safeguarding LGBTQ+ students

In a legal battle against the Biden administration, twenty-six GOP-led states are challenging changes to Title IX that aim to protect LGBTQ+ students from discrimination in schools. The revised rule, set to take effect on Aug. 1, mandates schools to promptly address conduct that could potentially constitute sex discrimination in education programs or activities.

The Republican attorneys general in the 26 states suing over the final rule are members of the Republican Attorneys General Association. These lawsuits, joined by advocacy groups and school boards, express strong opposition to the rule, citing First Amendment concerns and challenging the rule’s compliance with the Administrative Procedure Act.

Advocates for LGBTQ+ rights believe the revised rule is crucial in providing necessary protection for students and aligns with existing laws, advocating for equal opportunities for LGBTQ+ students in education environments.

Alaska, Kansas, Utah, and Wyoming recently filed a lawsuit against the Biden administration, accusing the Department of Education of politicizing the educational system to align with the administration’s ideological views. Another group of Southern states, including Alabama, Florida, Georgia, and South Carolina, have also sued the administration over the new regulations, raising concerns about religious freedom and ideological conflicts.

In individual legal actions, Texas, Oklahoma, and a group of states such as Indiana, Kentucky, Ohio, Tennessee, West Virginia, Virginia, Idaho, Louisiana, Mississippi, and Montana have filed lawsuits against the Biden administration, each citing various legal concerns and challenging the implications of the revised rule.

The Education Department refrains from commenting on ongoing litigation but emphasizes the obligation for federally-funded schools to comply with the final regulations. With new criteria for transgender athletes and several states enacting laws banning transgender students from participating in gender-aligned sports, the national debate on LGBTQ+ student rights and discrimination continues to unfold.