Arkansas Welcomes First Victory in Federal Lawsuit Over Fairness in Women’s Sports

On Thursday a federal court blocked the Biden Administration from enforcing a new rule that would jeopardize girls’ privacy at school and undermine fairness in women’s sports.

Earlier this year the Biden Administration released more than 1,500 pages of new rules drastically reinterpreting “sex” under Title IX to include sexual orientation and gender identity. Title IX is a federal law that prohibits discrimination on the basis of sex in education and in activities that receive federal funding — like school athletic programs.

Under these new federal rules, public schools could be forced to let biological males compete in women’s sports and use girls’ locker rooms, showers, and changing areas at school.

In May Arkansas Attorney General Tim Griffin announced his office and the Missouri Attorney General’s office were leading the legal challenge against the Biden administration’s new Title IX rules in federal court.

The A.G.’s lawsuit also included a high school student from Brookland, Arkansas, who argued the rule change would threaten her privacy in school locker rooms and on overnight trips.

On Thursday the judge presiding over the lawsuit issued a preliminary injunction blocking the federal government from enforcing the new Title IX rules in Arkansas, Missouri, Iowa, Nebraska, North Dakota, and South Dakota.

This is a good ruling that protects girls’ privacy at school and preserves fairness in women’s sports. This initial decision is likely to be appealed, but we believe higher courts ultimately will uphold it.

We have written time and again about how women’s athletics is at risk of being erased in America.

For example, female cyclists, swimmers, powerlifters, sprinters, and others have seen their sports radically changed by biological males who identify and compete as women.

Letting men compete in women’s sports isn’t just unfair. In some sports, it can even be dangerous.

Fortunately, educators, policymakers, and athletic organizations are taking steps to protect women’s sports.

Last fall the North American Grappling Association clarified its competition policy, saying biological males must compete against other men, regardless of their gender identity.

Earlier this year the professional golf league NXXT Golf announced that only biological females would be eligible to participate in the NXXT Women’s Pro Tour.

And recently the NAIA announced a policy that should prevent male athletes from competing in women’s collegiate sports.

Many states — including Arkansas — have also enacted laws that preserve fairness in women’s sports.

In 2021 Arkansas passed Act 461 by Sen. Missy Irvin (R — Mountain View) and Rep. Sonia Barker (R — Smackover) preventing male student athletes from competing against girls in women’s athletics at school. This good law protects fairness in women’s sports in Arkansas.

It’s worth point out that public opinion is shifting on this issue, with more Americans agreeing that athletes ought to compete according to their biological sex rather than their gender identity. 

Family Council appreciates Attorney General Tim Griffin and Governor Sanders for standing up against the Biden Administration’s reinterpretation of Title IX. And we look forward to future victories as this lawsuit progresses through our federal court system.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.