Kansas Attorney General Kris W. Kobach has initiated legal action against the Biden administration over its modifications to Title IX's anti-discrimination provisions. The lawsuit challenges the inclusion of "gender identity" in Title IX and its impact on participation in sports and educational facilities.
The Epoch Times reported that Kobach announced a lawsuit against the Biden administration which targets recent changes to Title IX, a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance.
The revised Title IX rules include "gender identity" under its anti-discrimination protections. Kobach's lawsuit argues that this change compels schools to allow individuals to participate in sports teams based on their gender identity, rather than their biological sex.
The complaint names U.S. Department of Education Secretary Miguel Cardona and U.S. Department of Justice Attorney General Merrick Garland as defendants.
Kobach claims that the Biden administration's policy politicizes the education system to align with its ideological views.
The lawsuit contends that the new Title IX rule undermines the protection of women and girls in educational settings and sports.
Kobach argues that the rule could force biological females to share rooms or locker rooms with biological males identifying as females.
In a press release, Kobach stated, "Instead of focusing on the true mission of Title IX, which is to protect women and girls from discrimination in education and to protect and promote women’s and girls’ sports," the administration is attempting to institutionalize "transgender ideology in our K-12 system and tie school funding to it."
Kobach further criticized the policy, calling it "insanity" and "unconscionable," asserting that it poses dangers to girls and women and contravenes federal law.
Four states—Kansas, Alaska, Utah, and Wyoming—have joined the lawsuit. Kobach is not alone in his legal opposition to the Biden administration's policies. Similar lawsuits have been filed by other states, including Florida and Texas.
Kobach has a history of challenging Biden administration policies. He has previously filed lawsuits over immigration visa rules, student loan forgiveness, and COVID-19 vaccine mandates for federal contractors.
The Biden administration has been actively promoting gender identity policies since President Joe Biden took office.
An executive order issued on January 20, 2021, marked the beginning of this push, which includes expanding Title IX to encompass sexual orientation and gender identity.
Under the new Title IX rules, non-compliance can lead to significant consequences for educational institutions. Schools that do not adhere to the revised definitions of sex discrimination risk losing federal funding.
Critics of the policy, like Kobach, argue that these revisions distort the original intent of Title IX. Kobach remarked, "It’s truly ironic that a regulation under Title IX is being used to destroy Title IX’s protection of women’s sports."
The lawsuit emphasizes the severity of the policy's impact on campus grievance processes. According to the complaint, colleges and universities might be forced to implement stringent procedures against students who do not comply with the new gender identity rules.
Kobach's opposition extends beyond the Title IX changes. He has criticized the Biden administration's broader approach to federal law, suggesting that the administration is overstepping its legal boundaries.
"It’s extraordinary how the Biden administration is doing so many things that are obviously illegal and obviously against the will of the people," Kobach said. He added that the administration's willingness to "twist federal law beyond recognition" is unprecedented.
He also stated, "No presidency in American history has done what the Biden administration is trying to do in terms of defying federal law and using federal agencies to do what they can’t do legally."
Kobach believes the administration's policies are damaging to the education system and the public's trust in government. "Whoever is directing this avalanche of illegal and unconstitutional and nonsensical regulations has to have a bizarre worldview where the law doesn’t matter, common sense doesn’t matter, and the desires of the American people don’t matter," he said.
The lawsuit reflects a broader debate over the inclusion of gender identity in anti-discrimination laws. Supporters argue that these protections are necessary to safeguard LGBT students from discrimination, while opponents contend that such policies infringe on the rights of others and complicate compliance for educational institutions.
As the legal battle unfolds, the outcome of this case could have significant implications for the future of Title IX and gender identity policies in education.
The Kansas Attorney General's lawsuit against the Biden administration challenges the inclusion of "gender identity" in Title IX's anti-discrimination provisions. Filed on May 14, the lawsuit targets the Department of Education and the Department of Justice, arguing that the revised rules politicize education and harm women's sports and safety. Four states have joined the suit, reflecting broader resistance to the administration's gender identity policies. The outcome of this case could impact the future enforcement of Title IX and the balance between anti-discrimination protections and other legal considerations.
