Four Southern states are suing the Biden admin for the right to discriminate against LGBTQ+ kids|LGBTQNation

This blog originally appeared at LGBTQ NATION.

They assert that the recently implemented Title IX regulations, which prohibit harassment and discrimination, infringe upon the rights of parents.

Four Southern states, in collaboration with four conservative organizations, have filed a lawsuit against the Biden administration regarding a recent regulation prohibiting discrimination against the LGBTQ+ community in education.

Earlier this month, the Department of Education (DOE) introduced new Title IX regulations aimed at addressing the needs of LGBTQ+ students. These regulations interpret Title IX, which prohibits sex-based discrimination in education, as providing legal protection against anti-LGBTQ+ school policies.

The argument posits that discriminating based on sexual orientation or gender identity inherently involves considering sex, a legal reasoning previously employed by the Supreme Court in its 2020 Bostock v. Clayton Co. decision regarding workplace discrimination.

The new regulation stipulates that any educational institution receiving federal funding must refrain from discriminating against LGBTQ+ students. This could impact states and school districts with policies that either disclose LGBTQ+ students’ identities to parents or restrict transgender students’ access to bathrooms corresponding with their gender identity. Additionally, the regulations could offer students facing discrimination a legal recourse through federal courts.

Alabama, South Carolina, Florida, and Georgia are contesting the Biden administration’s authority to enact this rule, arguing that it exceeds the original scope of Title IX, as reported by CBS News. These states are joined in the lawsuit by the Independent Women’s Network, Parents Defending Education, Speech First, and the Independent Women’s Law Center.

Nicole Neily, president of Parents Defending Education, criticized the rule, stating, “The role of Cabinet agencies is to interpret laws as written by Congress – not to redefine the meaning of words to suit a fringe group of activists.” She further argued that the rule undermines parents’ rights and freedom of speech.

Florida Attorney General Ashley Moody emphasized the need to protect biological females and claimed that the rule deviates significantly from the original intent of Title IX.

The lawsuit alleges that the rule clashes with state laws governing various aspects of education, including harassment, bathroom policies, sports participation, and parental rights.

Notably, the new rules do not address transgender student-athletes and their eligibility for sports teams. The Department of Education is reportedly planning to issue a separate rule specifically addressing this matter.

In a separate lawsuit, Texas Attorney General Ken Paxton challenged the new rule, arguing that Biden misinterpreted Title IX. Paxton claimed that the Supreme Court’s Bostock ruling, which interpreted Title VII, differs from Title IX’s language and scope.

Governor Greg Abbott of Texas directed the Texas Education Agency to disregard the new Title IX rules, echoing similar actions taken by other states such as Louisiana, Florida, Oklahoma, and South Carolina. Paxton asserted that the Biden administration’s actions endanger women’s legal protections and vowed to oppose what he described as “extremist, destructive policies.”