Alabama officials are leading a legal charge against the Biden administration in hopes of reversing the recent changes to Title IX laws dealing with gender identity.
In April, the U.S. Department of Education announced an update to the Title IX code, the sweeping name given to civil rights legislation prohibiting sex-based education discrimination. The changes, which are set to go into effect in August, add gender identity and sexual orientation to the list of federally protected groups.
Opponents say it would abolish the distinction between male and female sports and do away with female-only spaces like locker rooms and bathrooms.
That's why Alabama Attorney General Steve Marshall is leading a lawsuit to stop the Biden administration's plans. Florida, Georgia, South Carolina, the Independent Women's Forum (IWF), and Parents Defending Education and Speech First have also joined the suit.
"Since taking office, Joe Biden has brazenly attempted to use federal funding to force radical gender ideology onto states that reject it at the ballot box," Marshall said. "Now our schoolchildren are the target. The threat is that if Alabama's public schools and universities do not conform, then the federal government will take away our funding. Rest assured, Biden will not be successful."
"Alabama parents do not share the Biden Administration's goal of genderlessness in our schools. They remember what happened in Loudon County, Virginia, and in other schools across the country when governments sacrificed the needs and concerns of every female student to accommodate a few males. That is why Alabamians have supported laws that protect girls' sports and girls' bathrooms, as well as laws that prohibit gender ideology from being taught in the classrooms of our youngest pupils."
The suit claims the new rule is "unlawful" and "arbitrary and capricious," exceeding the Education Department's statutory authority.
Riley Gaines, an IWF ambassador and former University of Kentucky swimmer who gained popularity after objecting to being forced to compete on the same swim team as a biological male, applauded the lawsuit.
"Women and men are equal, but we are not the same," Gaines said. "Sex does not equal gender identity, but according to the Biden administration's illegal and discriminatory new Omnibus Title IX rule, it is perfectly acceptable to strip away the sole purpose of Title IX – to provide equal opportunity for women under the law. Now, protections meant for women under the country's landmark sex equality law have been eliminated. I have no doubt that we will not only win this lawsuit but also expose how anti-woman this president and his administration truly are."
Governor Kay Ivey stated emphatically that Alabama would not comply with the Title IX changes.
Alabama is NOT implementing President Biden’s offensive, unlawful and dangerous rewrite of Title IX — we’re taking it to the courts!
— Governor Kay Ivey (@GovernorKayIvey) April 29, 2024
When I was a young girl growing up in Camden, I never would have thought we had to fight for women to have a fair chance in 2024. #alpolitics https://t.co/3w6IjdMZAD
Nicole Neily, president of Parents Defending Education, applauded the lawsuit and called the new rule "both unconstitutional and immoral."
"The role of Cabinet agencies is to interpret laws as written by Congress – not to redefine the meaning of words to suit a fringe group of activists," Nelly said. "The final rule lays bare the Biden Administration's contempt for families, trumping state laws which reiterate parents' right to access information and make decisions about issues related to their children's gender identity in schools. By lowering the standard of 'harassment' to little more than a one-off expression of humor, satire, or parody, the free speech rights of every young learner in America has become subordinate to how the most sensitive student might interpret a phrase. This Title IX rule is both unconstitutional and immoral, and we look forward to vindicating our members' rights in court."
Marshall concluded by saying he was proud to lead the charge against the rule, giving a hopeful outlook on its demise.
"I am pleased to be among the first to challenge this ill-conceived rule that would infringe on the constitutional rights of students, parents, faculty, and the State of Alabama itself," Marshall concluded. "This rule highlights Biden's seemingly endless cascade of failures when looking out for everyday Americans. I expect the rule to be struck down swiftly."
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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