The Office of the Attorney General has filed a lawsuit challenging the Biden Administration’s unlawful interpretation of Title IX, exposing the Department of Education’s new guidance as an illegal effort to force schools to adopt “transgender” ideology in schools or risk losing federal education funds. This is Texas’s 50th lawsuit against the Biden Administration.
Title IX is a federal statute that prohibits discrimination “on the basis of sex” in educational institutions. Under Biden, the Department of Education has issued guidance arbitrarily expanding this category to include “sexual orientation” and “gender identity.” The guidance risks federal education funding for Texas colleges and universities as well as all Texas K-12 schools receiving any amount of federal funding by unlawfully asserting that these conceptions promoted by the extremist transgender movement are covered by Title IX protections.
Examples purported by the Biden Administration to be violations of Title IX include teachers failing to forcibly compel students to use classmates’ so-called “preferred pronouns,” schools’ policies enforcing separate bathroom facilities for biological males and females, and schools’ policies refusing to allow biological males to compete on female sports teams. Under this doctrine, Texas schools would be investigated by the federal government for following Texas law, including Chapter 33 of the Education Code protecting the integrity of school athletics participation on the basis of biological sex.
Texas is challenging this blatant attempt to misuse federal regulatory power to force K-12 schools, colleges, and universities in our state to accept and implement “transgender” ideology—in violation of state law—by misusing the Title IX statute to threaten the withholding of federal education funds. The Administration’s unlawful guidance could put at risk over $6 billion in federal funding that supports Texas K-12 and higher education institutions.
To read the full lawsuit, click here.