Republican States Challenge Biden Administration’s New Title IX Rules in Federal Lawsuits
The Biden administration’s new expanded campus sexual assault rules are facing a wave of legal challenges from Republican-led states, with at least three federal lawsuits filed on Monday. The lawsuits, filed in Alabama, Louisiana, and Texas, with backing from a combined nine states, argue that the new rules overstep the president’s authority and undermine the Title IX anti-discrimination law.
One of the central points of contention is the provision in the new rules that expands Title IX protections to LGBTQ+ students, forbidding discrimination based on sexual orientation or gender identity. Texas Attorney General Ken Paxton called it a federal overreach that attempts to bring “radical social change” to schools, arguing that the 1972 law was meant to forbid discrimination based on “biological sex” only.
The states involved in the lawsuits also argue that the updated rules clash with their own laws, including those restricting which bathrooms and locker rooms transgender students can use. They claim that the new rules erode the due process rights of accused students and turn campus disciplinary boards into “kangaroo courts.”
The Biden administration’s new rules, finalized in April and set to take effect in August, were proposed nearly two years ago and received a record number of public comments. The policy rolls back many of the changes implemented during the Trump administration, which added more protections for students accused of sexual misconduct.
The lawsuits challenge the administration’s justification for the new rules, citing a 2020 Supreme Court case protecting gay, lesbian, and transgender people from discrimination in employment. The Republican states argue that the Supreme Court decision focused on employment law, not Title IX, and did not address issues such as sex-segregated bathrooms and locker rooms.
The legal battles over the Biden administration’s new campus sexual assault rules are likely to continue as the states seek to have the rules overturned in court.
