Biden’s New Title IX Rules Face Backlash: 9 States File Lawsuits


The Biden administration’s new Title IX rules have sparked a wave of lawsuits from nine states, challenging the federal mandate to allow trans-identifying males in girls’ sports and facilities. The new rules prohibit blanket bans on trans-identifying males, stirring concerns over fairness and safety.

Why It Matters

Conservatives argue that the new Title IX rules undermine women’s sports, eroding fairness, safety, and privacy for female athletes in schools across the United States.

Who It Impacts

This issue impacts students, particularly female athletes, parents, educators, and school administrators across the nation who are grappling with how to navigate the changing regulations.

The Biden administration’s new Title IX rules, aimed at preventing discrimination based on gender identity, have provoked a legal battle with nine states. The rules, announced earlier this month, prevent schools from imposing blanket bans on trans-identifying males from participating in women’s sports or using female facilities. Instead, schools must evaluate exclusions on a case-by-case basis, considering factors such as the potential for sports-related injuries or impacts on fairness.

Montana, Louisiana, Mississippi, Idaho, Texas, Alabama, Georgia, Florida, and South Carolina have all filed lawsuits challenging the new rules. Some of these states joined forces in their legal efforts, with Montana leading a coalition that included Louisiana, Mississippi, and Idaho, while Alabama, Georgia, Florida, and South Carolina filed a joint suit. Texas filed its own separate lawsuit. These states argue that the new regulations contradict the intent of Title IX and threaten the safety and rights of female students.

Montana Attorney General Austin Knudsen condemned the Biden administration’s stance, asserting, “This rule is not based in scientific reality. It redefines biological sex, which will allow men to compete in women’s sports, violate women’s privacy, and put women and girls in dangerous situations on campus.” Similarly, Texas Attorney General Ken Paxton accused the administration of trying to rewrite Title IX to suit a “radical gender ideology.”

The new rules apply to all public K-12 schools, colleges, and universities that receive federal funding. Schools are prohibited from imposing wholesale bans but can exclude trans-identifying students on a case-by-case basis if they meet two criteria: an “important educational objective” and minimal harm to the trans-identifying student. This nuanced approach aims to balance the interests of all students.

However, conservatives see the new Title IX rules as eroding progress made for women’s sports. They argue that allowing trans-identifying males to compete undermines the integrity of competition and puts female athletes at a disadvantage. Examples of injuries sustained by female athletes, such as a volleyball player in North Carolina last year, highlight the safety concerns.

The debate has also intensified in several states where laws prohibit trans-identifying students from playing on girls’ teams or using girls’ facilities. Female athletes and their families have spoken out, fearing the new rules will compromise fairness, safety, and privacy.