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Several Republican-led states are banding together to challenge the Biden administration's recently expanded regulations on campus sexual assault, arguing that they exceed the president's authority and undermine the Title IX anti-discrimination law.
A federal lawsuit, initiated by Kentucky and backed by Ohio, Indiana, Tennessee, Virginia, and West Virginia, seeks to halt and reverse the new policy. This legal action follows similar challenges filed by nine other states, including Alabama, Louisiana, and Texas, marking the first legal opposition to the administration's updated Title IX rules.
The central point of contention revolves around the expanded protections for LGBTQ+ students under Title IX. The 1972 law prohibits sex-based discrimination in education, and the new rules extend this protection to include sexual orientation and gender identity. The suing states argue that this expansion constitutes an unlawful modification of the landmark legislation, potentially conflicting with their own laws, particularly those governing transgender students' access to facilities like restrooms and locker rooms.
Tennessee Attorney General Skrmetti emphasized this concern, stating, “The U.S. Department of Education has no authority to allow boys into girls’ locker rooms.” The administration's new rules aim to broadly prevent sex-based discrimination but lack specific guidance on transgender athletes, with the Education Department promising a separate rule on this issue later.
The Education Department justifies the new rules based on a 2020 Supreme Court case protecting LGBTQ+ individuals from employment discrimination. However, the suing states argue that the Supreme Court did not address scenarios like those covered by Title IX.
In addition to these points, the lawsuits challenge policy changes regarding the handling of sexual assault complaints in schools and colleges. The new rules, proposed nearly two years ago and following a public comment period with a record 240,000 responses, reverse several changes made during the Trump administration, which provided more protections for students accused of sexual misconduct.
The Associated Press’ education coverage is supported by various private foundations, with AP solely responsible for all content.