Republican states challenge new Title IX rules protecting LGBTQ+ students

WASHINGTON (AP) — Republican states are filing a barrage of legal challenges against the Biden administration’s new expanded campus sexual assault rules, saying they overstep the president’s authority and undermine the Title IX anti-discrimination law.

At least three federal lawsuits were filed on Monday seeking to have the new rules overturned. Cases were filed in Alabama, Louisiana and Texas, with backing from a combined nine Republican-led states. Tennessee and West Virginia also promised a “multi-state response” on Tuesday.

The lawsuits are the first to challenge Biden’s new Title IX rules, which expand protections to LGBTQ+ students and add new safeguards for victims of sexual assault. The policy was finalized in April and takes effect in August.

The Education Department did not immediately respond to the lawsuits.

Central to the dispute is a provision expanding Title IX to LGBTQ+ students. The 1972 law forbids discrimination based on sex in education. Under the new rules, Title IX will also protect against discrimination based on sexual orientation or gender identity.

Texas’ lawsuit called it a federal overreach that attempts to bring “radical social change” to the nation’s schools. Attorney General Ken Paxton argued the 1972 law was meant to forbid discrimination based on “biological sex” only.

“This Final Rule tells States and other regulated parties that they must ignore biological sex or face enforcement actions and the loss of federal education funding,” the suit said.

The states involved argue that the updated rules clash with their own laws, including those restricting which bathrooms and locker rooms transgender students can use, banning them from using facilities that align with their new gender identity.

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