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Nine states led by Republican administrations, alongside several conservative organizations, have filed lawsuits challenging recent regulations implemented by the Biden administration. These regulations aim to prevent discrimination based on gender identity in schools and colleges that receive federal funding. The lawsuits were filed in federal courts located in Alabama, Louisiana, and Texas, and target new regulations from the U.S. Department of Education that extend protections against sex discrimination to LGBTQ students under federal civil rights law.
Issued on April 19, the regulations clarify that Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination, also covers discrimination based on sexual orientation and gender identity. This interpretation aligns with a 2020 Supreme Court decision that determined Title VII's prohibition against sex discrimination in the workplace includes protection for gay and transgender workers.
The lawsuits highlight the interconnectedness of Title VII and Title IX in the legal landscape, as both laws prohibit sex-based discrimination. Additionally, the regulations modify how schools under Title IX jurisdiction must address reports of sex-based discrimination and harassment. It's important to note that Title IX applies to both public and private schools, the majority of which receive some form of federal funding.
One of the lawsuits, led by Republican Texas Attorney General Ken Paxton, argues that the Bostock v. Clayton County Supreme Court decision is limited to Title VII and does not extend to other federal laws prohibiting sex discrimination.
Paxton's lawsuit, along with another filed by Republican state attorneys general in Louisiana, Mississippi, Montana, and Idaho, asserts that the regulations misinterpret Title IX, contradicting the statute's definition of "sex" as a person's biological sex.
Another lawsuit, brought by Alabama, Florida, Georgia, South Carolina, and three advocacy groups, challenges the regulations on similar grounds. They argue that the expanded definition of sex-based harassment and the requirement for schools to revamp their complaint-handling processes would compel students to use preferred pronouns or risk investigation for misgendering someone.
The states caution that unless the regulations are overturned, schools would be obliged to allow transgender students to use facilities according to their gender identities.
A spokesperson for the Education Department defended the regulations, stating they were designed to fully enforce Title IX's guarantee that no person experiences sex discrimination in federally funded education.
Paxton filed his lawsuit in federal court in Amarillo, where U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump and former Christian legal activist, presides. Kacsmaryk, known for his rulings against LGBTQ rights, previously ruled in a 2022 case that the Bostock decision did not impact Title IX's original meaning.