Attorneys General of Arkansas and Missouri, along with four other states, have filed a lawsuit challenging the Biden administration’s new rules on Title IX. The new rules expand the definition of harassment and discrimination to include sexual orientation and gender identity, with heightened requirements for responding to discrimination and sexual misconduct. The attorneys argue that the interpretation of Title IX in the new rules is incompatible with the statute and unconstitutional. They are also concerned about requirements related to pronouns violating the First Amendment.
The lawsuit is the sixth filed by states challenging the new Title IX rules, with several other states filing their own lawsuits as well. This multitude of complaints increases the chances of one of them succeeding, but also raises the likelihood of the dispute reaching the Supreme Court. If different federal appeals courts disagree on rulings, it could cause a “circuit split” and prompt the Supreme Court to step in to resolve the issue.
Arkansas Governor Sarah Huckabee Sanders also recently signed an executive order objecting to the new Title IX rules, emphasizing that sex is an immutable characteristic rooted in biology. U.S. Secretary of Education Miguel Cardona defends the rules, stating that they strengthen protections for students against sex-based harassment or sexual violence in federally funded education. The outcome of these lawsuits could have significant implications for the interpretation and enforcement of Title IX moving forward.
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