Texas AG Sues Biden Administration Over Title IX Interpretation
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The Texas attorney general’s office has filed a lawsuit against the Biden administration, expressing disagreement with its interpretation of Title IX. This federal civil rights law, in effect for over 50 years, was expanded two years ago to include protections against discrimination based on sexual orientation and gender identity. The lawsuit argues that noncompliance with the administration’s interpretation could result in Texas schools losing federal funding.
This legal action highlights a conflict between Texas legislation and the federal law. In 2021, the Biden administration announced that Title IX also applies to LGBTQ students, offering them protection against sex-based discrimination in educational programs and activities.
During the same year, the Texas Legislature passed a law prohibiting transgender students in K-12 public schools from participating in sports teams that correspond to their gender identity. This state law contradicts the interpretation of Title IX by the Biden administration and could potentially jeopardize federal funding for school districts. Furthermore, Senate Bill 15 was passed during this year’s legislative session, expanding the restriction on transgender students to include university-level athletics. Governor Greg Abbott has recently announced his intention to sign the "Save Women’s Sports Bill."
The lawsuit filed by the Texas attorney general’s office criticizes the administration for attempting to impose "transgender" ideology in K-12 schools, colleges, and universities of the state unlawfully. It argues that the misuse of Title IX to threaten the withholding of federal education funds violates state law. The attorney general’s office states that over $6 billion in federal funding allocated to Texas K-12 and higher education institutions could be at risk due to the administration’s guidance.
The lawsuit was initiated by John Scott, the interim attorney general, as Ken Paxton, the previous attorney general, is currently facing suspension and an impeachment trial in the Texas Senate. Paxton had previously expressed disagreement with the Biden administration’s expanded Title IX regulations.
In the landmark case Bostock v. Clayton County in 2020, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, extends to protection for gay and transgender workers. As a result, the Biden administration updated the Title IX regulations to align with the Bostock ruling and to prohibit discrimination based on sexual orientation and gender identity in educational activities and programs.
In April, the Biden administration proposed an amendment that aims to prevent blanket bans that exclude transgender students from participating in sports teams according to their gender identity. This amendment applies to both K-12 schools and universities.
In response to the lawsuit, Johnathan Gooch, the communications director for LGBTQ advocacy group Equality Texas, emphasized the importance of respecting transgender children in schools and treating their pronouns with basic human decency. He questioned whether the attorney general truly wants to convey the message that some children deserve their teacher’s respect while others do not.
The announcement of this lawsuit marks Texas’s 50th legal action against the Biden administration, as noted by the attorney general’s office.
Please note that Equality Texas has provided financial support to The Texas Tribune, a nonprofit and nonpartisan news organization. They have no involvement in the Tribune’s journalism.
