WV female athlete, Christian teachers join lawsuit against Biden admin’s attempted Title IX rewrite

The following is a press release from our friends at Alliance Defending Freedom.

Wednesday, May 8, 2024

COVINGTON, Ky. – A Kentucky federal district court granted a motion Wednesday to allow A.C., a high-school athlete from West Virginia, and Christian Educators Association International, an association of teachers, to join a lawsuit suing the Biden administration over its recent attempt to rewrite Title IX, a federal law designed to create equal opportunities for students in education and athletics. A.C. has already lost key opportunities to a male student on her track team and had to endure that student’s vulgar sexual comments while on the team. Christian Educators also face threats to their free speech and to their right to access sex-specific spaces like bathrooms without encountering members of the opposite sex.

Following the publication of the administration’s rule on April 29, six states, including Tennessee and West Virginia, filed a lawsuit, State of Tennessee v. Cardona, last week, challenging the administration’s attempt to redefine “sex” in federal law to include “gender identity.” This attempt to rewrite federal law jeopardizes privacy, safety, free speech, and fairness for students and teachers.

“Every young woman should know she can step into a school setting with full assurance she will be provided with safety and fairness,” said ADF Legal Counsel Rachel Rouleau. “The Biden administration’s radical redefinition of sex does just the opposite for young women and girls. It won’t just rewire our educational system, it also means young girls will be forced to undress in front of boys in gym class, girls will share bedrooms with boys on overnight school trips, teachers and students will have to refrain from speaking truthfully about gender identity, and girls will lose their right to fair competition in sports. Our client A.C. has already suffered the humiliation and indignity of being harassed by a male student in the locker room and on her sports team. No one else should have to go through that. We are urging the court to uphold safety and fairness for those impacted by the administration’s attempt to rewrite Title IX.”

A.C. is a 15-year-old girl from West Virginia who was forced to compete in track and field events against a male last year who took away her spot to compete in a conference championship. A.C. also had to change in the girls’ locker room with the male athlete and endure vulgar, sexual comments that the athlete directed at her. Since competing on the girls’ team, that athlete has beaten female competitors over 600 times, bumping those females down the results list.

Attorneys note that Tennessee and Kentucky have state laws that would protect the privacy and free speech of teachers who are members of Christian Educators and teach in schools covered by Title IX. But those state laws and the protection they provide A.C. and Christian Educators would be wiped away by the administration’s new Title IX rules. The federal court is allowing A.C. and Christian educators to argue against these rules and to argue against them going into effect.

ADF attorneys filed the motion to intervene with the U.S. District Court for the Eastern District of Kentucky in State of Tennessee v. Cardona.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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Arkansas Leads Legal Challenge Against Biden Administration’s Title IX Changes

In a move to protect fairness in women’s sports and education, Arkansas Attorney General Tim Griffin’s office announced Tuesday that his office and the Missouri Attorney General’s office are leading a legal challenge against the Biden administration’s recent reinterpretation of Title IX.

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.

But the Biden Administration recently released more than 1,500 pages of new rules drastically reinterpreting “sex” under Title IX to include sexual orientation and gender identity. Under these 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.

Attorney General Griffin’s lawsuit alleges that the Biden Administration’s new rule is unconstitutional and threatens female students’ privacy and athletic opportunities.

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

In particular, female cyclists, swimmerspowerlifterssprinters, and others have seen their sports radically changed by biological males who identify and compete as women.

Letting men compete in women’s sports reverses 50 years of advancements for women.

It hampers girls’ abilities to compete for athletic scholarships, and it hurts their professional opportunities as adults.

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 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 radical reinterpretation of Title IX.

You Can Read The A.G.’s Lawsuit Here.

Federal Court Continues to Debate Fate of Arkansas’ SAFE Act

On Monday, attorneys suing to overturn an Arkansas law protecting children from sex-change procedures filed a letter with the Eighth Circuit Court of Appeals.

The letter cites the Fourth Circuit’s decision in Kadel v. Folwell. The letter argues that laws protecting children from sex-change procedures trigger heightened scrutiny under the Equal Protection Clause. It is part of the ongoing lawsuit over Arkansas’ SAFE Act.

In 2021, lawmakers in Arkansas overwhelmingly passed the Save Adolescents From Experimentation (SAFE) Act.

The SAFE Act is a good law that prevents doctors in Arkansas from performing sex-change surgeries on children or giving them puberty blockers and cross-sex hormones.

Unfortunately, the SAFE Act has been tied up in court for more than two years. However, federal appeals courts have let similar laws go into effect in Tennessee, Kentucky, and Alabama.

Sex-change surgeries and procedures can leave children sterilized and scarred for life.

Researchers do not know all the long-term effects these procedures can have on children, but a growing body of scientific evidence shows children should not be subjected to sex-change procedures, puberty blockers, and cross-sex hormones.

Not long after Arkansas passed the SAFE Act, a major hospital in Sweden announced that it would no longer give puberty blockers and cross-sex hormones to kids.

Since then, the U.K. has joined a growing list of jurisdictions that protect children from puberty blockers, and the U.S. Food and Drug Administration has added a warning label to puberty blockers after discovering they caused some biological girls to experience swelling in the brain.

Over the past three years, reports from Europe and elsewhere have shown time and again that Arkansas was right to pass the SAFE Act. Today about half the states in the U.S. have passed laws protecting children from sex-change surgeries.

We believe our courts ultimately will recognize that the SAFE Act is a good law and uphold it as constitutional.

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