Attorney General Steve Marshall and State Education Superintendent Eric Mackey are telling Alabama's public schools not to implement any of the Biden administration's recent changes to Title IX.
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.
Marshall is leading a lawsuit against the Department's new IX rule, claiming it is "unlawful" and "arbitrary and capricious," exceeding the Education Department's statutory authority.
Opponents say it would abolish the distinction between male and female sports and do away with female-only spaces like locker rooms and bathrooms.
On Tuesday, Marshall and Mackey sent out a joint statement advising schools not to implement any of the provisions contained in the new rule because it could violate existing state law.
"Yesterday, the State of Alabama filed a lawsuit challenging the U.S. Department of Education's recently announced rule on Title IX," the statement reads. "Title IX, as passed by Congress in 1972, prohibits sex-based discrimination in any education program or activity that receives federal funding. The new rule seeks to expand the meaning of "sex" to include sexual orientation and gender identity. Compliance with the rule may run afoul of relevant state law. Please be advised that no public school district in the State of Alabama should take any step to implement the new Title IX rule at this time. Further guidance will be provided as the litigation proceeds and before the rule takes effect on August 1, 2024."
Florida, Georgia, South Carolina, the Independent Women's Forum (IWF), and Parents Defending Education and Speech First have also joined the suit challenging the rule.
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