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

Republican States Challenge Biden Administration’s Campus Sexual Assault Rules

In a bold move, six Republican states have joined forces to challenge 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, the federal lawsuit filed on Tuesday seeks to halt and overturn the new policy. The lawsuit is supported by Kentucky, Ohio, Indiana, and Virginia, with nine other states, including Alabama, Louisiana, and Texas, filing similar legal challenges on Monday.

The crux of the dispute lies in the new provision expanding Title IX protections to LGBTQ+ students. The 1972 law prohibits discrimination based on sex in education, but under the new rules, it will also protect against discrimination based on sexual orientation or gender identity.

The states involved argue that this expansion amounts to an illegal rewriting of the landmark legislation and could clash with their own laws, particularly those governing which facilities transgender students can use.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” said Tennessee Attorney General Skrmetti. “Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

While the administration’s new rules broadly protect against discrimination based on sex, they do not offer guidance on transgender athletes. The Education Department has promised a separate rule on that issue in the future.

The Republican states also raise concerns that the new rules could be interpreted to apply to athletics, allowing men who identify as women to compete in programs and activities designated for women.

The Education Department cited a 2020 Supreme Court case protecting LGBTQ+ individuals from discrimination in employment as the legal basis for the new rules. However, the states challenging the policy argue that the Supreme Court did not address scenarios implicated by Title IX.

In addition to the LGBTQ+ protections, the suits also take issue with the policy changes dictating how schools and colleges must handle complaints of sexual assault.

The Biden administration’s new rules, finalized in April and set to take effect in August, roll back many of the changes implemented during the Trump administration, which provided more protections for students accused of sexual misconduct.

The legal battle over the campus sexual assault rules is likely to intensify as more states join the challenge, setting the stage for a contentious debate over the interpretation and application of Title IX in the modern era.