Six more Republican states have joined the fray in challenging the Biden administration’s recently expanded campus sexual assault rules. These states argue that the rules exceed the president’s authority and undermine the Title IX anti-discrimination law.
A group of states, including Kentucky, Ohio, Indiana, Tennessee, Virginia, and West Virginia, has filed a federal lawsuit on Tuesday seeking to put a stop to and reverse the implementation of the new policy. This legal action comes in the wake of similar challenges brought forth by nine other states, which include Alabama, Louisiana, and Texas, filed just a day earlier.
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In a significant legal development, the newly implemented Title IX rules of the administration are being challenged for the first time through lawsuits. These rules not only extend protections to LGBTQ+ students but also introduce additional safeguards for victims of sexual assault. It is worth noting that the policy was officially approved in April and will become effective in August.
The core of the disagreement lies in a recent amendment that broadens the coverage of Title IX to include LGBTQ+ students. Originally enacted in 1972, this law prohibits any form of discrimination in education based on sex. However, with this new provision, Title IX will now offer protection against discrimination based on sexual orientation or gender identity as well.
According to the states involved, they argue that the actions taken represent an unlawful modification of the significant legislation.
Some individuals are against this proposal, stating that it would conflict with their existing laws. These laws include regulations regarding the usage of bathrooms and locker rooms by transgender students. They prohibit transgender students from utilizing facilities that correspond to their gender identity.
Tennessee Attorney General Skrmetti asserts that the U.S. Department of Education lacks the power to permit boys to enter girls’ locker rooms. According to Skrmetti, Title IX, which has been in effect for many years, has consistently been interpreted as safeguarding the privacy and safety of women in private areas such as locker rooms and bathrooms.
The administration’s latest regulations provide extensive safeguards against sex-based discrimination, yet they lack specific guidance regarding transgender athletes. The Education Department has assured that a separate rule addressing this matter will be issued at a later time.
However, Republican states argue in their suits that the latest update can be interpreted to apply to athletics.
The lawsuit, led by Kentucky, argues that allowing men who identify as women to compete in programs and activities meant for women undermines the original purpose of Title IX. According to the suit, this would give them an unfair advantage and goes against the aim of providing equal opportunities for women to excel academically and athletically.
The Education Department has established new rules, citing a 2020 Supreme Court case that provides legal protection against discrimination in employment for gay, lesbian, and transgender individuals.
The new lawsuit disputes this reasoning, arguing that the Supreme Court did not address certain situations covered by Title IX. For example, it did not address cases where a school prohibits a transgender student from using the restroom or participating in gender-specific sports.
The policy changes dictating how schools and colleges must handle complaints of sexual assault are also among the things that the suits take exception to.
Nearly two years ago, the administration proposed new rules, which received an overwhelming response during the public comment period. With a record-breaking 240,000 responses, it is evident that the Education Department’s proposal sparked significant interest and engagement.
The policy reverses numerous changes that were made during the Trump administration, which aimed to provide additional safeguards for students who were accused of sexual misconduct.
