A group of six Republican state attorneys general filed a lawsuit against the Biden administration’s Department of Education on Tuesday over what they said were “radical and illegal” changes to Title IX rules.
The lawsuit, led by Kentucky Attorney General Russell Coleman and Tennessee Attorney General Jonathan Skrmetti, was filed in the U.S. District Court for the Eastern District of Kentucky.
In their legal filing, the GOP attorneys general argued that the department overstepped its authority when rolling out new updates to Title IX rules that expanded protections to students by incorporating gender identity into the legal text.
They further claimed the changes to the rules override state laws and will harm Tennessee students, families, and schools. The attorneys general called on the court to pause and overturn the newly expanded policy.
“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Mr. Skrmetti said in a statement.
“In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms. Federal bureaucrats have no power to rewrite laws passed by the people’s elected representatives, and I expect the courts will put a stop to this unconstitutional power grab.”
Mr. Coleman, meanwhile argued the new changes to Title IX rules would “rip away 50 years of Title IX’s protections for women and put entire generations of young girls at risk.”
“As Attorney General, it is my duty to protect the people of Kentucky. As a Dad, it is my duty to protect my daughters,” Mr. Coleman said. “Today, I do both.”
Biden Admin Unveils Changes to Rules
The Kentucky attorney general added that his office is joining the lawsuit to “lead this fight for our daughters, granddaughters, nieces, and all the women of our Commonwealth.”
Title IX of the Education Amendments of 1972 is a longstanding policy designed to protect people from discrimination based on sex in schools.
Specifically, the protections prohibit sex-based discrimination in any school or any other education program that receives funding, either directly or indirectly, from the federal government.
However, the Department of Education last week rolled out newly updated Title IX rules that include expanded protections for LGBTQ students for the first time.
Under the updated rules, the prohibition against discrimination based on “sex” has been updated to include a prohibition against discrimination “based on sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.”
The new rules also dictate that any K-12 school or institution of higher education that receives any federal funding may not separate or treat individuals differently based on sex “in a manner that subjects that person to more than de minimis harm,” which Republicans say will lead to shared bathrooms, locker rooms and more.
It does, however, clarify that such separations are allowed “in the context of sex-separate living facilities and sex-separate athletic teams.”
The rules also state that all “non-confidential” school employees are required to notify a Title IX coordinator if they learn of any violations.
According to the Biden administration, the new regulations are set to take effect on Aug. 1.
President Joe Biden (R) speaks in the Roosevelt Room of the White House, on June 30, 2023. (Jim Watson/AFP via Getty Images)
‘Radical, Illegal Attempt to Rewrite the Statute’
In a statement announcing the newly updated rules, U.S. Secretary of Education Miguel Cardona said they “build on the legacy of Title IX by clarifying that all our nation’s students can access schools that are safe, welcoming, and respect their rights.”
“The final regulations promote educational equity and opportunity for students across the country as well as accountability and fairness while empowering and supporting students and families,” the department said.
However, the attorneys general of Kentucky and Tennessee claim the new rules could put schools at risk of losing federal education funding, including access to free and reduced lunch programs and Individuals with Disabilities Education Act (IDEA) grants if they fail to abide by them.
The new rules would also require K-12 schools, colleges, and universities to “allow males identifying as females access to women’s sports, bathrooms and locker rooms,” they said.
“Under this radical and illegal attempt to rewrite the statute, if a man enters a woman’s locker room and a woman complains that makes her uncomfortable, the woman will be subject to investigation and penalties for violating the man’s civil rights,” Mr. Skrmetti said.
“Federal bureaucrats have no power to rewrite laws passed by the people’s elected representatives, and I expect the courts will put a stop to this unconstitutional power grab.”
The attorneys general of Indiana, Ohio, West Virginia, and Virginia have also joined the lawsuit with Tennessee and Kentucky.
It marks the latest lawsuit against the new Title IX changes after Republican attorneys general from nine states including Alabama and Louisiana filed similar legal challenges against the newly updated protections on Monday.
The Texas attorney general also has filed a lawsuit against the expanded rules, calling them “unlawful” and claiming they mandate schools comply with a “radical gender ideology.”
