Attorneys General to DOE: We will “fight your proposed changes to Title IX with every available tool in our arsenal.”

PRESS RELEASE

Rebecca Hain: 513-479-3335

Attorneys General to DOE: We will “fight your proposed changes to Title IX with every available tool in our arsenal.”

WASHINGTON / June 5, 2023 – The Biden Department of Education (DOE) has issued two draft Title IX regulations that would have broad effects on schools and on society. Among a wide range of changes, the first proposal would expand the definition of biological “sex” to include “gender identity.” (1) The second would promote the participation of transgender athletes in women’s sports (2).

If approved, the proposals would have far-reaching, harmful consequences in other areas such as free speech, due process, parental rights, religious freedom, and gender transitioning of minors (3).

On May 15, 2023 a coalition of 22 state Attorneys General sent a letter to the Department of Education, emphasizing their opposition to the Biden Administration’s proposed athletics regulation. The strongly worded letter from MS, AL, AR, FL, GA, ID, IN, IA, KS, KY, LA, MT, NE, ND, OH, SC, SD, TN, TX, UT, VA, and WV states,

“The proposed rule defies Title IX’s text, history, and purpose. It disregards five decades of evidence showing the benefits of applying the traditional definition of biological sex in sports. It ignores basic considerations of privacy and dignity. And it fails to meet the Department’s duty to analyze costs and benefits.” (4)

This letter is the latest missive from a coalition of Attorneys General opposing the Biden administration’s proposed Title IX regulations:

June 23, 2022: Eighteen Attorneys General sent a letter to the DOE warning, “we will fight your proposed changes to Title IX with every available tool in our arsenal.” (5)
June 27, 2022: The Attorneys General of AL, AK, AZ, AR, GA, ID, IN, KS, KY, LA, MS, MO, MT, NE, OH, OK, SC, SD, TN, and WV amended a prior lawsuit, which resulted in a Preliminary Injunction placed on the draft Title IX regulation (6).
September 12, 2022: Responding during the regulation’s open comment period, Attorneys General submitted three separate letters to the DOE:
- Indiana, joined by the Attorneys General from AL, AZ, AR, GA, KS, KY, LA, MS, MT, NE, OK, SC, SD, TN, TX, UT, VA, and WV (7).
- Montana, joined by the Attorneys General from AL, AR, GA, IN, KS, KY, LA, MS, NE, OK, SC, SD, TN, TX, UT, and VA (8).
- Ohio, joined by the Attorneys General from AL, AK, AR, FL, GA, IN, KS, KY, LA, MS, MT, NE, OK, SC, SD, UT, WV, AND WY (9).

SAVE commends the persistent and principled efforts of the Attorneys General seeking to block the Biden administration’s deeply-flawed Title IX proposals.

SAVE calls on state and federal lawmakers to continue to voice their strong opposition to both Title IX proposals. Email comments to the office of Secy. Miguel Cardona at the Department of Education: alejandro.reyes@ed.gov

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