South Dakota Gov. Kristi Noem (R) has just told President Joe Biden that she will see him "in court."
Noem's statement, which she posted to Twitter on Thursday, was in response to Biden's new Title IX transgender athlete rule.
"South Dakota will not allow this to stand," Noem wrote. "We will lead. We will defend our laws. Only girls will play girls’ sports. President Biden, we’ll see you in Court."
South Dakota will not allow this to stand. We will lead. We will defend our laws. Only girls will play girls’ sports.
President Biden, we’ll see you in Court. pic.twitter.com/Irv03aMEp9
— Kristi Noem (@KristiNoem) April 6, 2023
With the new rule, the Biden administration is essentially threatening to cut off federal funding from schools that do not allow transgender students to participate in sports based on their preferred gender.
The summary of the rule, in part, states:
The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity.
The U.S. Department of Education (DOE) released a statement in conjunction with the rule proposal.
One-size-fits-all policies that categorically ban transgender students from participating in athletics consistent with their gender identity across all sports, age groups, and levels of competition would not satisfy the proposed regulation.
Instead, for a school policy to meet the requirements of the rule, it would have to be “substantially related to the achievement of an important educational objective” and it would have to be designed so as to “minimize harms to students.”
The Biden administration, with this new rule, is placing itself in direct opposition to those Republican-led states that have sought to ban the participation of biological males who identify as females from participating in women's sports.
South Dakota, under Noem, has been one of the leading states on this issue.
Noem, in February, signed a bill into law that bans biological male transgender female athletes from participating in biological female sports. Noem has also signed a bill into law that prohibits certain medical procedures from being performed on transgender minors.
For the next month, Biden's new rule will face a period of public comment. Then, it will be implemented.
It appears to be only a matter of time before Republicans like Noem challenge Biden's rule in court.