Texas sued the Biden administration on Monday, citing new Title IX regulations that require public schools to permit transgender guys to use women’s restrooms and participate in women’s sports.
In an effort to prevent schools from imposing general prohibitions on transgender male participation in girls’ sports starting in August, the Education Department released new Title IX regulations earlier this month.
The federal civil rights statute of 1972, known as Title IX, forbids sex-based discrimination in educational institutions that receive government funds.
Attorney General Ken Paxton has responded by suing the government, claiming that it is trying to reinterpret the federal law in order to conform to “extreme gender ideology.”
Paxton released a statement on Monday saying, “Texas will not enable Joe Biden to rewrite Title IX at his whim, undermining legal safeguards for women in pursuit of his crazy preoccupation with gender ideology.” “It is obvious that this attempt to violate federal law is unlawful, anti-democratic, and disconnected from reality. Texas will always be at the forefront of the opposition to Biden’s radical, harmful ideas that endanger women.
America First Legal is acting as outside counsel for the state and filed the complaint with Texas.
“The proposed modifications will drastically alter the learning environment of publicly supported educational establishments, compelling communities to yield to gender dogma that lacks scientific basis and endangering women and girls in K–12 classrooms and on college campuses,” the conservative advocacy organization stated.
All public K–12 schools, colleges, and institutions that receive federal funds will be subject to the new standards.
The new rules have drawn criticism from proponents of parental rights, who claim that they are overly ambiguous and would deter schools from placing any restrictions on male participation in girls’ sports.
Meanwhile, transgender campaigners have expressed worry that the new regulation allows schools that wish to exclude trans-identifying guys from participating against females in sports too much discretion.
The revised guidelines could also be at odds with state regulations that prohibit transgender students from using girls’ restrooms or participating in girls’ sports teams.
According to the new Biden administration regulations, schools that receive federal funding can ban biological men from girls’ sports on a case-by-case basis but cannot outright ban them.
Schools that would restrict or prohibit a transgender kid from participating on the team of their choice must adhere to two “sex-related criteria.” The first requirement is that the criteria pertain to a “significant educational goal,” and the second is that they “minimize damages” to the child who identifies as transgender.
One example of a “major educational purpose” would be preventing sports-related injuries, according to the agency.
Girls in high school have suffered injuries from playing with transgender men. A transgender male volleyball player spiked a ball that struck a female high school player in North Carolina last year, seriously injuring her head and neck.
“Fairness in competition” is another example of an “important educational aim.”
Speaking out against competing against biological men, female athletes from several states’ high schools and universities have taken a stand.
In 2020, a number of high school girls in Connecticut filed a Title IX claim in a federal lawsuit, claiming that their competition against transgender guys had prevented them from competing for championship titles, setting state records, and receiving scholarships.