Republican States Challenge Biden Administration’s Campus Sexual Assault Rules Under Title IX

Republican states are mounting a legal challenge against the Biden administration’s newly expanded campus sexual assault rules, arguing that they overstep the president’s authority and undermine the Title IX anti-discrimination law. Led by Tennessee and West Virginia, six states have filed a federal lawsuit seeking to halt and overturn the new policy, which is set to take effect in August.

The lawsuit, joined by Kentucky, Ohio, Indiana, and Virginia, is the latest in a series of legal challenges filed by Republican states, including Alabama, Louisiana, and Texas. The new rules expand protections to LGBTQ+ students and add safeguards for victims of sexual assault, a move that has sparked controversy among conservative states.

Central to the dispute is a provision in the new rules that expands Title IX to protect LGBTQ+ students, a move that the states involved argue is an illegal rewriting of the landmark legislation. They also raise concerns about how the new rules could impact their own laws, particularly those related to transgender students’ access to bathrooms and locker rooms.

The Education Department has cited a 2020 Supreme Court case as the legal basis for the new rules, which protect against discrimination based on sex, sexual orientation, and gender identity. However, the Republican states argue that the Supreme Court case did not address scenarios implicated by Title IX, such as transgender students’ participation in sports.

In addition to challenging the expansion of Title IX, the states also take issue with the policy changes dictating how schools and colleges must handle complaints of sexual assault. The new rules, proposed nearly two years ago, roll back many of the changes implemented during the Trump administration, which added more protections for students accused of sexual misconduct.

The legal battle over the Biden administration’s campus sexual assault rules is likely to intensify as more states join the lawsuit and the August implementation date approaches. The outcome of the lawsuit could have far-reaching implications for LGBTQ+ students and victims of sexual assault on college campuses across the country.