Nate Raymond, the author of this article, begins by providing his name, which immediately establishes his credibility and expertise on the topic.
Nine Republican-led states and multiple conservative groups have taken legal action by filing lawsuits against new regulations implemented by the Biden administration. These regulations prohibit educational institutions, including schools and colleges that receive federal funding, from engaging in discrimination against students based on their gender identity.
Several states and advocacy groups have initiated lawsuits in federal courts across Alabama, Louisiana, and Texas. These legal actions aim to challenge the recently implemented regulations by the U.S. Department of Education. The regulations aim to extend sex discrimination protections in federal civil rights law to LGBTQ students.
The Department clarified that the regulations issued on April 19 make it clear that Title IX of the Education Amendments of 1972, which prohibits sex-based discrimination in schools and colleges that receive federal funding, also extends to discrimination based on sexual orientation and gender identity.
In a landmark decision in 2020, the U.S. Supreme Court ruled that gay and transgender workers are protected from sex discrimination in the workplace under Title VII. The Department of Justice has cited this ruling to support its position.
When courts analyze Title IX, they often rely on interpretations of Title VII. Both laws prohibit discrimination based on sex.
The regulations bring about changes in the way schools that fall under Title IX address reports of sex-based discrimination and harassment. Title IX applies to both public and private schools, the majority of which receive some form of federal funding.
In a lawsuit filed on Monday, Republican Texas Attorney General Ken Paxton argued that the Supreme Court’s decision in Bostock v. Clayton County had a limited scope and did not apply to other federal laws that prohibit sex discrimination.
The lawsuit, as well as a separate one brought by Republican state attorneys general in Louisiana, Mississippi, Montana, and Idaho, claimed that the regulations wrongly interpret Title IX in a manner that contradicts the wording of the statute. According to the attorneys general, the definition of “sex” as stated in the statute refers specifically to a person’s biological sex.
Alabama, Florida, Georgia, South Carolina, and three advocacy groups filed a third lawsuit challenging not only the provision in question but also certain aspects of the regulations. They argued that these regulations expand the definition of sex-based harassment and impose a requirement on schools to completely revamp their approach to handling complaints.
The lawsuit claims that the expanded ban on harassment would force students to use an individual’s preferred pronouns or face potential investigation for misgendering someone.
According to the states, if the regulations are not revoked, schools will have to permit transgender students to use restrooms and locker rooms that align with their gender identities.
According to a statement from an Education Department spokesperson, the rule was created with the intention of fully implementing the Title IX statutory guarantee, which ensures that no individual encounters sex discrimination in education programs that receive federal funding.
Paxton initiated his lawsuit in the federal court in Amarillo. The only active judge in this court is U.S. District Judge Matthew Kacsmaryk, who was appointed by Republican former President Donald Trump. Kacsmaryk, a former Christian legal activist, has a track record of ruling against LGBTQ rights.
Last year, Kacsmaryk suspended approval of the abortion pill mifepristone, which garnered national attention. In a separate case in 2022, he determined that the Supreme Court’s Bostock ruling did not impact Title IX’s “ordinary public meaning.”
