Texas Challenges Biden’s Title IX Revisions

Texas has launched a legal challenge to nullify the Biden administration’s recent revisions to Title IX, which has been unilaterally modified by the White House to add protections that include “gender identity.” That expansion has sparked an intense constitutional contest over the federal civil rights law that was drafted by Congress to safeguard against sex-based discrimination in educational settings.

Biden’s rule change will force American schools to accommodate men claiming to identify as women — or “transgender” — to enter female-only spaces and join female-only organizations. Schools at every level will be forced to allow males to use female restrooms, dressing rooms, lockers and training facilities. Schools who dare to deny the Biden mandate will see their federal funding stripped.

Texas Attorney General Ken Paxton filed a federal lawsuit on Monday to block these changes. According to Paxton, the updated rules, which specifically address harassment and discrimination, distort the original intent of Title IX and jeopardize the safety and rights of women. “This attempt to subvert federal law is plainly illegal, undemocratic, and divorced from reality,” Paxton stated, vowing that Texas would spearhead the fight against what he describes as “Biden’s extremist, destructive policies.”

Gov. Greg Abbott (R) wrote directly to Joe Biden on Monday, informing his administration that the state of Texas would not comply with the illegal changes. 

In a Monday post to X, formerly Twitter, Abbott wrote: “Congress wrote Title IX to protect women. Biden, with no authority to do so, rewrote Title IX to protect men who identify as women. This tramples Texas laws that prohibit men in women’s sports. I am instructing the Texas Education Agency to ignore Biden’s illegal dictate.”

The Biden White House has claimed the new rules are a step toward “inclusivity” and “protection” for all students, regardless of gender identity. Education Secretary Miguel Cardona emphasized, “No one should face bullying or discrimination just because of who they are.”

In deciding to extend the application of Title IX without Congress’ involvement, the administration relied on a controversial 2020 Supreme Court case, Bostock v. Clayton County. That ruling found that discriminating in employment decisions based on LGBT status violates Title IX.

However, the complaint filed in the U.S. District Court for the Northern District of Texas — joined by America First Legal — insists that the revised rules contradict existing federal law and the Constitution. America First Legal said on Monday, “The Biden Administration has exceeded its authority and radically distorted the meaning intended by Congress when the law was made.”

America First Legal General Counsel Gene Hamilton said on Monday, “If allowed to go into effect, every single educational institution that accepts federal funding, even if it doesn’t want to, will be beaten into submission through investigations, enforcement actions, and litigation based on the whims of bureaucrats and confused young people.”

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