Lawsuits Filed by Alabama, Georgia, and South Carolina Against Biden Administration’s New Title IX Rules

Florida Attorney General Ashley Moody is spearheading a coalition that stands in opposition to the Title IX rule put forth by the Biden administration.

The Department of Education, under Biden’s administration, has recently released proposed revisions to Title IX that aim to expand the definition of “sex” to include “gender identity” and “sexual orientation.” This move challenges established legal precedents that have been in place for decades.

According to Moody, the new Title IX rules implemented by Biden undermine the protections that women have fought for over the years. She finds it absurd that young girls can now be legally compelled to undress in the presence of males in spaces that are meant to be safe, like locker rooms. Additionally, she highlights the concern that young women may be assigned roommates who are biological males without any input or control over the matter. Moreover, she criticizes the fact that biological men would now be eligible for women’s scholarships. Moody asserts that Florida will vigorously oppose Biden’s actions, as he seems to disregard the real-world consequences before making significant regulatory changes.

Florida Governor DeSantis firmly rejects President Biden’s proposed rewrite of Title IX, stating, “We will not comply.”

Title IX, which was passed in 1972, affirms that no individual in the United States should face exclusion from participation in, denial of benefits from, or discrimination under any education program or activity that receives Federal financial assistance, based on their sex.

Moody and the coalition emphasize in the complaint that when the law was enacted, there was no doubt that the term “sex” referred to biological sex. It was widely understood that “sex,” as used in Title IX, exclusively pertained to biological sex and did not encompass gender identity or sexual orientation.

The new rule acknowledges that there are certain situations where sex discrimination may be permissible. It is worth noting, however, that the regulation regarding separate bathrooms and locker rooms, as outlined in 34 C.F.R. §106.33, is not included in the list of these exceptions.

Florida Attorney General Ashley Moody has filed a lawsuit against the Atlantic Coast Conference (ACC) over the withholding of agreements related to ESPN.

Female college students may also be required to share dorm rooms with biological males under these rules.

According to the coalition, they state that the Department claims that its regulation is null and void, although it doesn’t explicitly rescind §106.33. The Department argues that the regulation is not supported by a statutory exception and they refuse to adopt the Eleventh Circuit’s reasoning in Adams, which justifies excluding transgender or nonbinary students from using bathrooms or locker rooms of the opposite sex. In essence, the rule invalidates §106.33 without formally rescinding it and asserts that it is illegal to prohibit transgender or nonbinary students from using facilities designated for the opposite sex.

The coalition argues that the redefinition of ‘sex’ under 20 U.S.C. §1681 to include ‘gender identity’ and ‘sexual orientation’ in the challenged rule is unlawful. According to the coalition, courts should interpret the words of a statute in line with their ordinary meaning at the time it was enacted. The coalition points out that there is no evidence, and the Department fails to provide any, suggesting that ‘sex’ in Title IX referred to anything other than biological differences between males and females (Wis. Cent. Ltd. v. United States, 585 U.S. 274, 277, 2018).

Florida Attorney General Ashley Moody is pushing back against President Biden’s proposed “Green New Deal” electric vehicle mandate. Moody has taken action to challenge the federal government’s authority to implement such a mandate, arguing that it infringes on state rights. She believes that Florida should have the power to determine its own energy policies and that the federal government should not be able to dictate what types of vehicles residents can drive. Moody’s efforts highlight the ongoing debate over federal versus state control in environmental regulations.

According to the lawsuit, it would be reasonable to prioritize safety and fairness.

The coalition is requesting the following relief:

The court is being asked to declare that the rule is in violation of the Administrative Procedure Act. The request also includes vacating the rule and putting a stay on its effective date. In addition, the plaintiffs are seeking a preliminary and permanent injunction to prevent the enforcement of the rule in their respective states. They are also open to any other relief that the court deems appropriate and fair.

Attorney General Moody has been joined in the lawsuit by the attorneys general of Alabama, Georgia, and South Carolina. Additionally, the Independent Women’s Law Center, the Independent Women’s Network, Parents Defending Education, and Speech First Inc. have also joined in support.

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