With Southeastern Legal Foundation’s (SLF) support, states are suing the Biden administration over guidance documents that unconstitutionally and unilaterally extend Title IX far beyond its original purpose.
For 50 years, Title IX of the Education Amendments has protected women from discrimination and harassment in schools, sports, and other extracurriculars. But on the very day he took office, President Biden unilaterally declared that Title IX prohibits discrimination on the basis of sexual orientation and gender identity, entirely gutting its original meaning. The Biden administration then issued guidance documents, explaining that every school and extracurricular activity must update its policies accordingly or risk losing federal funding. Now, states are challenging the Biden administration, asserting that the administration has gone too far in trying to regulate their local institutions.
In an amicus brief supporting the states, SLF warns that the Title IX guidance documents violate the Constitution because they force students and teachers to affirm students’ preferred pronouns and transgender identities, they remove protections for women in sports, and they ban schools from reserving bathrooms and locker rooms based on students’ biological sex.
The Biden administration is attempting to ban “sex stereotyping” and making “assumptions about what it means to be a boy or a girl.” Although it doesn’t actually define what those terms mean, the administration warns that failing to use a transgender student’s preferred pronouns, refusing to let a biological male use the girls’ restroom, and telling students that there are only two genders are now forms of harassment under Title IX. In doing so, the administration is imposing a nationwide orthodoxy on every student, teacher, and school.