Tag: Title IX

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.

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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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