Attorney General Steve Marshall has already appealed the Tuesday decision from the U.S. District Court allowing the Biden administration's recent changes to Title IX law dealing with gender identity to proceed.
The U.S. District Court for the Northern District of Alabama ruled two days before the Title IX changes go into effect.
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 will go into effect on August 1, add gender identity and sexual orientation to the list of federally protected groups. They also redefine sexual harassment, exposing teachers and students to liability for using biologically accurate pronouns.
Opponents say it would abolish the distinction between male and female sports and do away with female-only spaces like locker rooms and bathrooms.
Marshall swiftly joined in a lawsuit challenging the rule change. He also joined Alabama State Education Superintendent Eric Mackey in demanding that Alabama's public schools not implement any Title IX changes since they likely conflict with state law.
Independent Women's Forum (IWF), Parents Defending Education (PDE), Speech First, and the states of Alabama, Georgia, Florida and South Carolina joined the suit, requesting an injunction by August 1.
Marshall announced disappointment at the decision, stating he already filed an appeal.
"We are surprised by district court's decision today to deny the State's request to immediately halt Biden's Title IX degradation," Marshall said. "Fortunately, precedent is on our side. The 11th Circuit Court of Appeals has been perfectly clear that when Congress used the word 'sex' to ensure equality for women under Title IX, it meant 'sex,' not gender identity, and that Title IX emphatically does not require schools to open up women's bathrooms, locker rooms, and showers to men. As such, we have already appealed this decision and will seek emergency relief. Alabama's young women deserve better."
PDE president Nicole Neily also lamented the decision, saying the courts never gave justification for the Department of Education to interpret gender identity.
"Despite spilling many pages, the opinion contains no persuasive reasoning," Neily said. "At no point does the court explain how Title IX gives the Department of Education any authority to demand that schools incorporate gender ideology top to bottom. Title IX only gives the Department authority to protect against sex-based discrimination. We are not deterred by this refusal to apply the statute and protect women, and we look forward to winning in the appellate courts."
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